Bihar Chief Minister Nitish Kumar's pet project- caste-based survey faced a legal hurdle as a petition was filed before the Supreme Court on Tuesday claiming it was against basic structure of the Constitution. Bihar government has been conducting a caste-based survey in the state. The petition, which is likely to come up for hearing in the coming days, alleged that the notification was "discriminatory and unconstitutional".
Petitioner's argument
The public interest litigation (PIL), filed by advocate Barun Kumar Sinha, sought quashing of the notification issued by deputy secretary, government of Bihar, in respect of conducting a caste survey in the state and to refrain 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 corresponds with the ostensible purpose of the law,” Nalanda resident Akhilesh Kumar said in his petition.
BJP Vs RJD over caste-based survey
The caste-based census commenced in Bihar on Saturday (January 7) amid the war of words between Bharatiya Janata Party (BJP) and Rashtriya Janata Dal (RJD). Bihar Chief Minister Nitish Kumar on Friday (January 6) said that the government is fully prepared to conduct caste-based census in the state.
The caste-based headcount will be conducted across all 38 districts in two stages.
"We have started the caste survey today, first phase will be held from January 7 to January 21. The second phase will be held in April in which information related to socio-economics will be taken. There are a total of 20 lakh families in Patna, which will be counted in 1st phase," said Patna DM.
Tejashwi Yadav calls BJP anti-poor
"Caste-based survey will give us scientific data so that budget and social welfare schemes can be made accordingly. BJP is anti-poor. They doesn't want this to happen", said Bihar Deputy CM Tejashwi Yadav.
First phase survey
In the first phase, which will be over by January 21 (Saturday), the number of all households in the state will be counted.
ALSO READ: Caste census in Bihar should include Muslims too: Giriraj Singh
ALSO READ: Lalu Prasad Yadav returns to Patna amid clamour for caste census, fresh CBI case
Second phase survey
The second phase of the survey which is likely to be held from April 1 to April 30 will collect date pertaining to people of all castes, sub-castes, socio-economic conditions etc. The decision of a caste census was taken by the Bihar cabinet on June 2 last year, months after the Centre ruled out such an exercise in the Census. The survey would cover an estimated population of 12.70 crores in an estimated 2.58 crore households in 38 districts, which have 534 blocks and 261 urban local bodies. The survey would be completed by May 31, 2023.
Kumar, who is on Samadhan Yatra, earlier said the government has trained officials to carry out caste-based census taking into consideration the sub-castes in the state and the financial status of the citizens. He also stated that the census will be beneficial for the development of the state and the country.
"We have trained our officers to conduct a detailed caste census. This will benefit the development of the state and also the country," Kumar told media.
(With PTI input)
Also Read: Bihar: Caste-based census amid war of words between RJD, BJP
