Caste survey: It's a census cloaked as survey, Centre tells Karnataka High Court

ASG Arvind Kamath, said that only a census conducted by the Centre provides secure and legitimate data processing.

Bengaluru: The union government on Thursday submitted before the Karnataka High Court that the Socio-Economic and Educational Survey (caste survey) undertaken by the state government is a census cloaked as a survey.

Additional Solicitor General (ASG) Arvind Kamath, appearing for the union government, submitted that only a census conducted by the Centre provides secure and legitimate data processing.

A division bench comprising Chief Justice Vibhu Bakhru and Justice CM Joshi adjourned the hearing to Thursday on plea seeking interim order.

The bench is hearing the petitions filed by Rajya Vokkaliga Sangha, members of Akhila Bharata Veerashaiva Lingayata Mahasabha, challenging the caste-based survey to review socio economic conditions. The petitions have sought an interim stay on the enumeration process, currently underway across the state.

During the hearing, ASG submitted that the union government has already notified the commencement of census, single authoritative census under the Census Act, which also entails enumeration of castes. He further stated that questions in the census are issued by gazette notification, while no such mandate exists in a state survey.

Earlier, senior advocate Abhishek Manu Singhvi, appearing for the state government, said a state survey cannot be stayed without pointing out any flaws in its design. He said that even in the Puttaswamy judgment, the Apex Court had recognized the state government’s authority to collect data for welfare purposes.

Meanwhile, the division bench posed a question to the Karnataka Backward Classes Commission as to on what basis the number of castes and classification of castes was made. Senior advocate Prof Ravivarma Kumar, appearing for the commission, said that the revision in the caste list was necessitated after receiving representations that certain castes were left out in the previous survey and hence the list was updated accordingly.

He further said that the houses and electricity boards are geo-tagged and the Aadhaar detail is used only to verify the name of the householder, to prevent duplication and also to exclude out-of-state residents.