'No Question of Status Quo': SC Adjourns Hearing on Pleas Contesting HC's Bihar Caste Survey Verdict

The Supreme Court on Monday adjourned the hearing of a petition challenging the August 1 verdict of the Patna High Court which had upheld the validity of the caste survey in Bihar, according to reports.

A bench comprising Justices Sanjay Khanna and SVN Bhatti presided over the plea and refused to pass any interim direction to the Bihar government to halt the survey process.

“No question of status quo. We haven’t even issued notice. We haven’t heard you,” the bench told one of the counsels appearing in the case.

As per a report by Live Law, Senior Advocate CS Vaidyanathan requested a postponement due to another petition challenging the high court judgment, which was not listed for today’s proceedings. Senior Advocate’s Mukul Rohatgi who represented an organisation that appealed to the top court against the Patna High Court’s decision, also asked for the top court to postpone the matter till next Monday.

The bench agreed with the requests for postponement and ordered the matter to be rescheduled for Monday, August 14.

Bihar Caste Census Case

The high court had dismissed a group of petitions contesting the survey, which was mandated last year and initiated earlier this year.

As per the cause list published on the apex court’s website, a plea submitted by NGO ‘Ek Soch Ek Paryas’ opposing the high court’s decision was scheduled for a hearing on August 7.

In addition to the plea brought forth by the NGO, another petition was filed in the Supreme Court challenging the high court’s ruling on August 1.

Nalanda resident Akhilesh Kumar, in his plea, has argued that the notification issued by the state government for the survey is in contravention of the constitutional mandate. He contends that, according to the constitutional directive, only the Union government possesses the authority to conduct a census.

“In the present case, the State of Bihar has sought to usurp the powers of Union of India, by merely publishing a notification in the official gazette. It is submitted that the Notification dated June 6, 2022 is against the Constitutional mandate of distribution of powers between the State and the Union legislature as enshrined under Article 246 of the Constitution read with Schedule VIIth of the Constitution and ultravires the Census Act, 1948 read with Census Rules, 1990 and is therefore void ab intio (since beginning),” Kumar has stated in his plea, presented through advocate Barun Kumar Sinha.

The plea noted that Bihar’s entire undertaking of conducting a “census” lacks authority and legislative competence, suggesting ulterior motives.

Bihar Chief Minister Nitish Kumar has maintained that the state is not engaged in a caste census, but rather is gathering data concerning individuals’ economic status and caste. According to him the government aims to facilitate targeted measures for improved service.

Patna High Court Verdict

In its 101-page verdict, the high court stated “We find the action of the state to be perfectly valid, initiated with due competence, with the legitimate aim of providing development with justice.”

Following the high court’s endorsement of the caste survey’s validity, the state government immediately took action, suspending all ongoing training programs for teachers in a move to redirect their efforts towards expeditiously completing the survey.

The inaugural phase of the survey concluded on January 21. Approximately 15,000 officials, comprising enumerators and observers, were tasked with various responsibilities for the door-to-door examination.

For the exercise, the state government allocated Rs 500 crore from its contingency fund.

(With inputs from IANS, PTI)