The Bihar caste survey debate has now intensified, with the Centre now issuing an affidavit saying that solely the Centre is allowed to conduct such a survey.
The Centre on Monday instructed the Supreme Court that solely it’s empowered to conduct a census beneath the related regulation as the topic falls beneath the Union listing of the Constitution.
In an affidavit filed in reference to a batch of petitions difficult the Patna High Court giving the go-ahead to caste survey in Bihar, the Centre mentioned that the Union of India is dedicated to taking all affirmative actions for the uplift of SCs/STs/SEBCs and OBCs in accordance with the provisions of the Constitution and the relevant regulation.
The affidavit filed by the assistant registrar with Registrar General of India in the Ministry of Home Affairs mentioned, “I state and submit that 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 additional mentioned, “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…”
Section 3 of the Census Act states:- The Central Government might, by notification in the Official Gazette, declare its intention of taking a census in the entire or any a part of the territories to which this Act extends, at any time when it might take into account it vital or fascinating so to do, and thereupon the census shall be taken.
On August 21, the highest courtroom had instructed the petitioners difficult the Patna High Court order giving the go-ahead to the Bihar authorities for a caste survey that it could not keep the train until they made out a prima facie case towards it.
It had allowed Solicitor General Tushar Mehta, representing the Centre, to file its response on the problem inside seven days after he mentioned the survey may have some penalties. Mehta had submitted, “We are not this way or that way. But this exercise may have some consequences and hence we would like to file our reply.”
A bench of justices Sanjiv Khanna and SVN Bhatti, which is listening to a batch of pleas filed by varied NGOs and people difficult the August 1 verdict of the excessive courtroom, had adjourned the proceedings at Mehta’s request.
On August 18, the highest courtroom requested what was the hurt if an individual supplied the main points of caste or sub-caste throughout a caste survey when a person’s knowledge was not going to be printed by the state.
Earlier, senior advocate CS Vaidyanathan, showing for NGO ‘Youth for Equality’ which is difficult the survey, had submitted that the train was an infringement of individuals’s proper to privateness.
The Bihar authorities had mentioned the caste survey was accomplished on August 6 and the info gathered was uploaded by August 12. The knowledge, which has been collected in the course of the survey, has been uploaded on the BIJAGA (Bihar Jaati Adharit Ganana) app. It mentioned the info may very well be accessed solely by authorities departments.
On August 7, the highest courtroom refused to remain the Patna High Court’s order giving the go-ahead for the caste survey.
Besides the pleas filed by NGOs ‘Youth for Equality’ and ‘Ek Soch Ek Paryas’, one other petition has been filed by Nalanda resident Akhilesh Kumar who has contended that the notification issued by the state authorities for the train is towards the constitutional mandate. There are another petitions additionally.
Kumar’s petition says in phrases of the constitutional mandate, solely the Union authorities alone is empowered to conduct a census.
The plea, filed by advocate Barun Kumar Sinha, mentioned your complete train of conducting a “census” by the Bihar authorities is with out authority and legislative competence, and reeks of malafide.
The excessive courtroom had mentioned in its 101-page verdict, “We find the action of the state to be perfectly valid, initiated with due competence with the legitimate aim of providing development with justice.”
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