Patna HC rejects Pleas Challenging State decision to conduct Caste-Based Survey

Patna HC rejects Pleas Challenging State decision to conduct Caste-Based Survey

Today, the Patna High Court rejects pleas challenging the decision of the Bihar Government to conduct a caste-based survey in the State. The High Court, has in effect, paved the way for a caste-based survey in the state.

The bench of comprising Chief Justice K Vinod Chandran and Justice Partha Sarthy had reserved the verdict in the matter back on July 7.

"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 High Court said.

"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 Patna High Court had further observed.

It may be noted that the survey was rolled out in two phases. The first phase, which began on January 7, was a household counting exercise and it was completed by January 21.

The second phase started on April 15, wherein the information on people’s caste and their socio-economic conditions was collected. The entire exercise was scheduled to end by May 2023.

The counsel for the State submitted that, it is competent to conduct a caste-based survey collecting data on the caste, jati and socio-economic well-being of the people of the state.

Further, it states that the people are not being forced to declare their caste.

On the other hand, Advocate Dinu Kumar, appearing on behalf of one of the petitioners, submitted before the Court that the state government is conducting a census in the name of a survey, which is not allowed as per the constitution. He argued that a total of five hundred crore rupees are being spent on the survey, without any justification.

Case title - Youth For Equality vs State of Bihar along with connected matters

 
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