Supreme Court to hear petitions on August 18.
Challenges Patna High Court's decision supporting Bihar's caste survey.
Bihar started two-phase caste survey on January 7.
Aims to gather detailed socio-economic data for improved policies.
State Cabinet decision led to survey notification on June 6, 2022.
Expected to cover 12.70 crore population across Bihar's 38 districts.
First phase, involving house listing, conducted from January 7 to January 12.
Second phase (data on castes, sub-castes, religions) halted due to HC order on May 4.
Recent HC verdict dismisses opposition, resumes second phase on August 2.
Final survey report expected in September before the 2024 election.
Need for Caste Census
Regular Census doesn't include caste data except for Scheduled Castes (SCs).
No proper estimate for OBCs, sub-groups, and others.
Union government rejects socio-economic caste census as unfeasible and cumbersome.
Union government conducted 2011 Socio-Economic and Caste Census but data flaws hindered its release.
Political Implications
Bihar's move seen as countering BJP's Hindutva with Mandal politics.
Mandal politics brought OBC reservation in 1990s.
Supreme Court recognized caste as indicator of backwardness in 1992.
OBC population estimated at 52% by Mandal Commission.
Debate exists on whether this estimate remains accurate today.
Opposition parties demand caste census to refine welfare policies.
Challenges to the Survey
Petitions claim Bihar's order is unconstitutional.
State lacks power to appoint District Magistrates without Centre's notification.
HC verdict challenged for violating Puttaswamy judgment on personal data collection.
in August 2017,a nine-judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd) Vs Union of India unanimously held that Indians have a constitutionally protected fundamental right to privacy that is an intrinsic part of life and liberty under Article 21.
It held that privacy is a natural right that inheres in all natural persons
COMMENTS