The ongoing legal discourse surrounding the authority to conduct census activities and caste surveys has taken a significant turn as the Centre has affirmed its exclusive empowerment to carry out such exercises. The Centre's declaration was made in response to a batch of petitions challenging the legality of a caste survey ordered by the Bihar Government, a matter currently under scrutiny by the Supreme Court.
In a meticulous affidavit presented before the apex court, the Centre highlighted that the Census Act of 1948 bestows the responsibility of conducting census activities solely upon the Union Government. This assertion comes in the wake of various petitions contesting the Patna High Court's ruling, which upheld the Bihar Government's mandate for a caste-based survey.
Addressing the matter, the affidavit, filed by the assistant registrar in the Ministry of Home Affairs, elucidated, "Census is a statutory process and is governed by the Census Act, 1948. It is submitted that the subject of Census is covered in the Union List under Entry 69 in the Seventh Schedule." It further elucidated, "In exercise of the powers under the said Entry, the Central Government has made the Census Act, 1948. The said Act empowers only the Central Government to conduct the census under section 3 of the Census Act, 1948..."
The crux of the issue revolves around the delineation of authority between the Union Government and state governments to initiate census-related activities. The Centre's argument rests on its constitutionally mandated competence as per the Union List. This legal battle has seen various viewpoints come to the fore, with some parties questioning the jurisdiction and competency of states to conduct such surveys.
The Supreme Court's stance on this matter has been one of cautious contemplation. During previous hearings, the Court declined to stay the Patna High Court's order permitting the Bihar Government to proceed with the caste survey. Instead, it emphasized that a prima facie case needed to be established against the survey for it to consider intervening.
Solicitor General Tushar Mehta, representing the Centre, expressed the government's concerns about potential consequences arising from the caste survey. "We are not this way or that way. But this exercise may have some consequences, and hence we would like to file our reply," he conveyed during the proceedings.
The petitions challenging the caste survey have been filed by various NGOs and individuals, including 'Youth for Equality,' 'Ek Soch Ek Paryas,' and Nalanda resident Akhilesh Kumar. Kumar's petition asserts that only the Union Government possesses the constitutional authority to conduct a census, deeming the Bihar Government's actions as lacking both authority and legislative competence.
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