Bihar caste-based survey to be conducted as Patna High Court rejects pleas against it

The Patna High Court on Tuesday dismissed the petitions challenging the Bihar government’s decision of conducting a caste-based survey in the state. With its decision, the High Court has paved way for a caste-based survey in Bihar. The court had on 7 July reserved the verdict after it heard a total of five pleas challenging various aspects of caste based survey in Bihar. The caste-based survey began in two phases in Bihar. The first phase started on 7 January and was a household counting exercise that completed on 21 January. The second phase began on 15 April in which details of people’s caste, their socio-economic conditions were collected. The entire process was scheduled to end by May 2023, but the Patna High Court had put an interim stay on it on 4 May after pleas were filed. The court observed that it prima facie amounted to a census that the Bihar government has no power to carry out. “The State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament,” the Patna High Court had observed. Meanwhile, the Bihar Government had submitted before the HC that it is competent to conduct a caste-based survey collecting data on caste, jati and socio-economic well-being of the people of the state. The Bihar government then moved to the Supreme Court challenging the High Court order staying the caste-based survey. The apex court, however, refused to lift the stay. The matter was then heard by the High Court which proceeded to dismiss the challenge on 1 August. With inputs from LiveLaw