In a recent development, the Supreme Court has declined to issue a stay order against the Bihar government’s publication of data collected from its extensive caste-based survey. This decision comes in the midst of the upcoming general elections and has stirred significant controversy.
The data, unveiled by the Bihar government, disclosed that a combined 63% of the state’s population is comprised of the Other Backward Classes (OBCs) and the Extremely Backward Classes (EBCs). Among these, the EBCs account for 36%, while the OBCs constitute 27.13%.
Despite pending petitions challenging the survey’s legality before the Supreme Court, a Bench led by Justice Sanjiv Khanna decided not to intervene in the data’s release. Justice Khanna emphasized, “You cannot stop a State government or any government from taking a decision… Yes, if there is an issue with regard to the data, that will be considered.” The case is scheduled for its next hearing in January 2024, with the state being summoned to present its response to the petitions.
One of the key contentions brought forth by the petitioners is that the data was collected unlawfully and should not be acted upon. However, Justice Khanna noted that the Patna High Court had already upheld the survey’s legality and stated that the High Court’s judgment was fairly comprehensive.
Furthermore, the Supreme Court dismissed concerns about privacy infringement related to the compilation and publication of this data, as it does not include personal names or identifiable information.
Despite the plea to order a status quo on further data publication by the State, Justice Khanna replied, “We are not staying this at the moment.” Shyam Diwan, a senior advocate representing Bihar, argued that the data was extensive and voluntarily provided by the people, requiring in-depth analysis for identifying areas in need of welfare.
The Bihar government has argued that the survey was a “social survey,” while the petitioners contended that Bihar had no authority to conduct such a survey, as it encroached upon the Centre’s powers. They asserted that the survey violated various constitutional provisions and laws governing census activities.
The Union government maintained that only the Centre was authorized to conduct census-related activities and not any other body. It emphasized that census activities were governed by the Census Act, 1948, and were the exclusive jurisdiction of the Union.
This decision by the Supreme Court will likely continue to spark debates and discussions regarding the collection and publication of caste-related data in India.
