SC declines to consider 'publicity' pleas against caste census in Bihar

The Supreme Court on Friday refused to entertain pleas against the Bihar Government’s decision to conduct a caste-based census in the State on June 6, 2022

A Bench of Justices B R Gavai and Justice Vikram Nath said if the pleas are allowed, how the government would determine the reservation. The court also termed the pleas as publicity interest litigations.

Following a brief hearing, the court allowed the counsel to withdraw the plea and seek appropriate remedy in law including approaching the High Court.

Also Read | SC relief to filmmaker Manimekalai in 'Kaali' poster row; matter posted for hearing on Feb 17

NGO 'Ek Soch Ek Prayas', Nalanda-based social worker, Akhilesh Kumar and Hindu Sena's Vishnu Gupta filed separate PILs in the top court, claiming the move was illegal, arbitrary, irrational, discriminatory and unconstitutional.

The pleas claimed the state was not empowered under the Constitution and the law to conduct such a census.

Also Read | SC to set up fresh 5-judge bench to hear pleas challenging polygamy and 'nikah halala' among Muslims

The pleas sought quashing of the notification issued by deputy secretary, government of Bihar, in respect of conducting a caste survey in the state and to refrain the authorities concerned from conducting the exercise.

The petitioners alleged that the notification dated June 6, 2022, violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law.

“If the proclaimed purpose of the caste-based survey is to accommodate the people of state suffering caste persecution, the distinction on the basis of caste and country of origin is irrational and unjustified,” they said.

The pleas cited Section 3 of the Census Act, 1948 which stated that it is the central government which is empowered to take census in the whole or any part of the territory of India and the state government has no authority in law to undertake such an exercise.

Though the population of Scheduled Caste and Scheduled Tribes are also provided in the census reports, there is no provision in the Constitution regarding caste configuration, they claimed.