Violates Constitution's Basic Structure: Petition Filed Before SC Against Bihar Govt's Decision To Conduct Caste Survey
A petition was filed before the Supreme Court on Tuesday against the Bihar government's decision to conduct a caste survey in the state, claiming it was against the basic structure of the Constitution.
The petition, which is likely to come up for hearing in the coming days, alleged that the notification was "discriminatory and unconstitutional".
The public interest litigation (PIL), filed by Advocate Barun Kumar Sinha, sought quashing of the notification issued by the deputy secretary, the government of Bihar, in respect of conducting a caste survey in the state and to restrain the authorities concerned from conducting the exercise.
The petition alleged that the notification dated June 6, 2022, violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law, adding that the notification was "illegal, arbitrary, irrational and unconstitutional".
"If the proclaimed purpose of the caste-based survey is to accommodate the people of State suffering caste persecution, the distinction on the basis of caste and country of origin is irrational and unjustified. None of these distinctions correspond with the ostensible purpose of the law," Nalanda resident Akhilesh Kumar said in his petition.
The public interest litigation (PIL), filed by Advocate Barun Kumar Sinha, sought quashing of the notification issued by the deputy secretary, the government of Bihar, in respect of conducting a caste survey in the state and to restrain the authorities concerned from conducting the exercise.
The petition alleged that the notification dated June 6, 2022, violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law, adding that the notification was "illegal, arbitrary, irrational and unconstitutional".
"If the proclaimed purpose of the caste-based survey is to accommodate the people of State suffering caste persecution, the distinction on the basis of caste and country of origin is irrational and unjustified. None of these distinctions correspond with the ostensible purpose of the law," Nalanda resident Akhilesh Kumar said in his petition.
With PTI Inputs