'No other body empowered to conduct census or exercise akin to it,' Centre withdraws statement in SC

Within hours of claiming except the central government, no other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to it, the Centre on Monday withdrew its statement in the Supreme Court saying it has inadvertently crept in the document.

In an affidavit filed on Monday morning, the Ministry of Home Affairs' office of Registrar General said, "It is submitted no other body under the Constitution or otherwise is entitled to conduct the exercise of either Census or any action akin to census."

However, by the evening, it filed a fresh affidavit stating, "the central government has filed an affidavit in the morning today. In the said affidavit, inadvertently, para 5 has crept in. The said affidavit, therefore, stands withdrawn and this present affidavit will be the affidavit on behalf of the central government."

However, the fresh affidavit again stated census is a statutory process and is governed by the Census Act, 1948. 

"The subject of Census is covered in the Union List under Entry 69 in the Seventh Schedule. In exercise of the powers under the said Entry, the central government has made the Census Act, 1948. The said Act empowers only the central government to conduct the census under section 3 of the Census Act, 1948," it said.

The Union government filed the affidavit before the court which is hearing a batch of petitions challenging the Patna High Court's order which upheld the Bihar government's decision to conduct a contentious caste census in the State.

The Ministry said the central government is committed to take all affirmative actions for upliftment of SCs/STs/SEBCs and OBCs in accordance with the provisions of the Constitution and the applicable law. 

On August 21, Solicitor General Tushar Mehta, appearing for the Centre, had told the Supreme Court the caste survey initiated by the Bihar government would have ramifications requiring it to file an affidavit.

The court had earlier refused to order stay the exercise undertaken by the Nitish Kumar government. "We would not stay the survey or publication of data unless prima facie case was made out as the exercise was already completed," the bench had said.

The Patna High Court had on August 1 approved the Bihar government's decision of June 6, 2022 to conduct a caste census in the state. The HC had said the exercise was perfectly valid, and (is) initiated with due competence, with the legitimate aim of providing ‘development with justice’; as proclaimed in the address to both Houses.

The pleas before the top court claimed the entire exercise was without authority, and legislative competence and reeked of mala fide. The petitioners said in terms of constitutional mandate, only the Union Government is empowered to conduct census.