SC refuses to stay Patna HC order halting caste survey in Bihar

The Supreme Court on Thursday declined to interfere with the Patna High Court's interim order which suspended a caste survey with immediate effect by prima facie holding that the state government does not have power to undertake such an exercise.

A bench of Justices Abhay S Oka and Rajesh Bindal said why it should it interfere at this stage and asked the state government to put its arguments before the High Court, which fixed the matter for hearing on July 3.

As the Bihar government pressed for some order, the court said it would have to examine if the exercise being carried out is a census in the garb of a survey as held by the High Court.

"We are making it clear, this is not a case where we can grant you interim relief," the bench said, after hearing senior advocate Shyam Divan on behalf of the Bihar government.

The court directed for hearing the petition by the state government for hearing on July 14, if the HC could not hear the matter on the fixed date.

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On behalf of the State, Divan submitted that it required only 10 days to complete the process.

He also maintained that the survey was not on a 100% basis like a census but voluntary for the people. He also submitted that there was no question of sharing any data. The counsel claimed the State has got legislative competence to collect statistics.

In its appeal, the state government said the collection of caste-based data is a constitutional mandate under Articles 15 and 16 of the Constitution.

The first round of caste surveys in Bihar was conducted between January 7 and 21. The second round started on April 15 and was supposed to continue till May 15.

Acting on a batch of writ petitions filed by 'Youth for Equality' and others, the HC had on May 4 directed the Bihar government to immediately stop the caste-based survey, by prima facie holding that the State has no power to carry out such an exercise.

It also directed the government to ensure that data already collected are secured and not shared with anybody till final orders.

The court noted, "the caste-based survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament".