Hindustan Times ST (Mumbai) - Live
Pleas against caste census in Bihar merely for publicity: SC
NEW DELHI: The Supreme Court on Friday rejected a batch of petitions challenging the ongoing caste-based census in Bihar, saying there was no merit in the pleas and called them a “publicity interest litigation”.
A bench of justices BR Gavai and Vikram Nath, which was hearing three petitions on the issue filed by an NGO and two individuals Akhilesh Kumar and Vishnu Gupta, dismissed them with liberty to the petitioners to approach the Patna high court.
“All the petitions are dismissed as withdrawn with liberty to seek appropriate remedies in law,” it said. The petitioners, including NGO Ek Soch Ek Prayas, had challenged the June 6, 2022 Bihar government’s notification for the caste-based census, calling it “unconstitutional”.
“So, this is a publicity interest litigation. How can we issue directions on how much reservation should be granted to such and such caste?” the bench said. “How will they (state) determine how much reservation is to be granted to whom?... We can’t entertain these petitions.”
Ruling Janata Dal (United) or JD(U) and the Rashtriya Janata Dal (RJD) have been vocal in demanding the caste-based census in Bihar for years. The demand was considered among the reasons that created divisions between chief minister Nitish
Kumar’s JD(U) and the Bharatiya Janata Party (BJP) and eventually led to their split last year.
The petitions cited Section 3 of the Census Act, 1948, and argued the Union government alone has the power to undertake census in the whole or any part of India. They also cited the Seventh Schedule of the Constitution, and said the power to legislate law for the census was on the Union list.
They also claimed that the Bihar government’s move on the census was contrary to the Constitution’s basic structure and promotes the caste system and social disharmony, thus, affecting India’s unity and integrity.
Chief minister Nitish Kumar said the Supreme Court’s decision is in everyone’s interest. “Castebased census is the work of the central government… we are doing it in the state,” Kumar told reporters. “If we will have knowledge about everything, it will be easier for people’s development.”