Bihar Caste Survey: Central Government Reverses Stance, Withdraws Affidavit Stating It Alone Can Conduct Census

The Central Government, on Monday, retracted its previous affidavit filed on the same day, which had claimed that nobody other than the Central Government can conduct a census.  The government acknowledged that the paragraph stating, "No other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to the census," was inadvertently included. 

In the latest affidavit filed hours after the first one, it has been submitted before the Supreme Court that, "The Central Government has filed an Affidavit in the morning today. In the said Affidavit, inadvertently, para 5 has crept in. The said affidavit, therefore, stands withdrawn and this present Affidavit will be the Affidavit on behalf of the Central Government."

In the latest 2 pages affidavit filed by the Assistant Registrar General (SS) from the Office of the Registrar General, India, Ministry of Home Affairs, it has been stated that the  Central Government is committed to taking all affirmative actions for the upliftment of SCS/STS/SEBCs and OBCs in accordance with the provisions of the Constitution of India and the applicable law.  

The latest affidavit, however, reiterates that the census is a statutory process and is governed by the Census Act, of 1948. It further states that the subject of the Census is covered in the Union List under Entry 69 in the Seventh Schedule. The Union Government relies on Section 3 of the Census Act which empowers only the Central Government to conduct the census.

Section 3 of the said act reads, "3. Central Government to take census- The Central Government may, by notification in the Official Gazette, declare its intention of taking a census in the whole or any part of the territories to which this Act extends, whenever it may consider it necessary or desirable so to do, and thereupon the census shall be taken."

It is pertinent to note that the Patna High Court had upheld the Bihar caste-based survey for being ‘perfectly valid in furtherance of a compelling public interest’. The survey was challenged before the High Court while placing reliance on the judgment in the matter of K.S. Puttaswamy II (Aadhaar) v. Union of India, on the ground that it infringes fundamental rights by reason of infringement of privacy, stating that despite attempts to efface it from the social fabric, caste remains a reality and refuses to be swept aside, wished away or brushed aside nor does it wither away and disperse into thin air.

Recently, the Supreme Court had while dealing with a batch of Special Leave Petitions challenging the judgment of the Patna High Court, asked how disclosing caste could impinge privacy when even the neighbours know one's caste.

Cause Title: Ek Soch Ek Paryas V Union Of India And Ors. [SLP (Civil) No. 16942 of 2023]