Patna, August 1, 2023: The Patna High Court has upheld the caste survey initiated by the State of Bihar, dismissing various petitions that challenged the undertaking. Chief Justice K Vinod Chandran and Justice Partha Sarthy delivered the verdict on the caste-based survey.
The survey, planned to be conducted in two phases, saw the first phase carried out by the State government in January of this year, involving a household counting exercise. Subsequently, the second phase of the survey commenced on April 15, with a focus on gathering data pertaining to people’s caste and socio-economic conditions. The entire process was scheduled to conclude by May this year. However, on May 4, the High Court had put a halt to the caste census.
The decision to stay the survey was issued by Chief Justice K Vinod Chandran and Justice Madhuresh Prasad in response to three petitions seeking a stay. The Court determined that the survey was, in reality, a census, which falls within the exclusive purview of the Union Parliament as governed by the Census Act, 1948. “We find 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,” the Court stated.
In the aftermath of this ruling, the Bihar government approached the Supreme Court seeking the lifting of the stay on the caste-based survey. However, the apex court declined to grant such relief.
The Patna High Court subsequently heard the matter and dismissed the challenge today, thereby allowing the caste survey to proceed as planned by the State government.
Advocates Aprajita and Rahul Pratap represented the petitioner “Youth for Equality,” while advocates Rituraj, Dinu Kumar, Ritika Rani, and Vardaan Mangalam represented petitioner Akhilesh in the legal proceedings.
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