Bihar govt to continue caste survey as Patna HC dismisses writ petitions

The first round of the statewide survey was conducted from January 7-21, while the second round began on April 15 and was scheduled to end on May 15 before the HC stalled it mid-way through the process

The Nitish Kumar government in Bihar can continue conducting caste surveys as the Patna high court on Tuesday dismissed writ petitions filed against the exercise initiated by the Janata Dal (United)-led Grand Alliance administration.

Patna high court. (File Photo)

The first round of the statewide survey was conducted from January 7-21, while the second round began on April 15 and was scheduled to end on May 15 before the HC stalled it mid-way through the process.

“We will study the order. The ongoing survey has been upheld,” Bihar chief secretary Amit Subhani said.

An HC bench of chief justice K Vinod Chandran and justice Partha Sarthy reserved the judgment after concluding the hearing, which continued for five consecutive days from July 3-7; details of the order are awaited.

Earlier in May, the Bihar government had filed a special leave petition (SLP) in the Supreme Court challenging the HC’s decision to stay the survey and reject interlocutory application (IA) for early hearing. However, the apex court refused to hear the matter till the HC disposed it.

The GA government — an alliance of Janata Dal (United), the Rashtriya Janata Dal, and the Congress — ordered the survey after the Centre declined its request for a headcount of social groups other than Scheduled Castes, Scheduled Tribes and religious minorities as part of the Census.

The HC had observed on May 4 that “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 which has also enacted a Census Act, 1948”, and directed the Bihar government “to immediately stop the caste-based survey and ensure that the data already collected are secured and not shared with anybody till final orders are passed in the writ petition”.

“There is a question of data integrity. Prima facie, we are of the opinion that the state has no power to carry out a caste-based survey in the manner in which it is fashioned now, which would amount to a Census, thus impinging upon the legislative power of the Union Parliament,” the HC had said.