The Supreme Court's division bench, led by Chief Justice of India DY Chandrachud and Justice PS Narasimha, is set to hear a public interest litigation (PIL) petition seeking to overturn a June 2022 Bihar government notification calling for a caste census in the state. After hearing the matter on Tuesday, the bench agreed to hear the petition on January 20.

A Public Interest Litigation (PIL) petition challenging Bihar's caste-based census has been filed in the Supreme Court. After the matter was mentioned before him for urgent posting, Chief Justice of India DY Chandrachud agreed to list the petition next Friday.

The petition, filed by Nalanda resident Akhilesh Kumar, seeks to overturn the state government's notification on the grounds that the subject of the census is listed in List 1 of the Seventh Schedule to the Constitution and that only the Union has the authority to conduct censuses. It is also argued that the Census Act of 1948 does not allow for caste-based censuses. " ... it is evident from Section 3 of the Census Act, 1948 that it is the Central Government which is empowered to take census in the whole or any part of the territory of India. The State Governments are not empowered under the Census Act, 1948 to take Census in a State ... [on] a perusal of scheme of Census Act, 1948, it is clear that caste census is not contemplated in the act," According to the petition.

Pertinently, the petition argued that since the Representation of People Act prohibits election to Parliament or State Assemblies on the basis of religion or caste, legislators of political parties are 'prohibited from raising caste-based issues'.

" ... political parties whether in government or out of government are under legal obligation to refrain from indulging in caste politics. Admittedly the impugned Notification is the outcome of the decision of the meeting of the political parties who have members in legislative assembly and therefore, they are not expected to divide the society on caste lines which is against National integration," The petitioner filed it. The petitioner has also claimed that the notification under challenge violates the right to equality before the law, citing the Bihar government's decision as illegal "accords differential treatment without intelligible differentia."