Why is Bihar’s caste-based survey facing legal challenges?

Source– The post is based on the article “Why is Bihar’s caste-based survey facing legal challenges?” published in “The Hindu” on 17th August 2023.

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News– The Supreme Court is set to hear on August 18, petitions challenging the Patna High Court’s verdict upholding the Bihar government’s ongoing caste survey.

What is the ‘caste-based survey’?

The State government has launched a two-phase caste survey in Bihar. It has stated that detailed information on socio-economic conditions would help create better government policies for disadvantaged groups.

The survey is estimated to collect socio-economic data for the population of Bihar. The first phase of the survey involves a house listing exercise.

In the second phase, data related to castes, sub-castes, and religions of all people is to be collected.

Why the need for a caste census?

The Census, conducted at the beginning of each decade, only captures caste data for those classified as Scheduled Castes.

Due to this limitation, there is no accurate population estimate available for Other Backward Classes (OBCs), various subgroups within the OBCs, and other castes.

Despite this lack of clarity, the central government has definitively rejected the idea of conducting a socio-economic caste census. It cites it as impractical, administratively complex, and burdensome.

In 2011, the Union government initiated a caste survey through the Socio-Economic and Caste Census of 2011. However, the raw data collected from around 1.3 billion Indians was never disclosed publicly due to data inaccuracies.

Political analysts view the recent step taken by the Bihar government as an effort by coalition parties to counter the Bharatiya Janata Party (BJP)’s Hindutva-oriented politics with a resurgence of Mandal politics.

On August 13, 1990, the V.P. Singh government declared its intention to implement the recommendations of the Mandal Commission report, which proposed a 27% reservation for Other Backward Classes.

The Mandal Commission had estimated the OBC population at 52%. Nevertheless, there is ongoing debate regarding the accuracy of this estimate in the present day.

Why is it being challenged?

As per petitions in the Supreme Court, the State’s order announcing the survey is unconstitutional. It is due to the fact that the exclusive authority to conduct a census lies with the Centre as specified in the Constitution.

The State Government lacks the independent jurisdiction to appoint District Magistrates and local authorities for collecting data without a notification issued by the Centre under Section 3 of the Census Act, 1948.

The High Court’s decision is flawed on the grounds that it contravenes the Puttaswamy judgment. It permits the State to gather personal information through an executive order.