Caste census: Constitution and power of states to hold such enumeration of population

NEW DELHI:  As the Bihar government is gearing up for a ‘caste-based census’, the question in everyone’s minds is whether the states are legally empowered to hold such enumeration of population?

The clamour for ‘caste census’ by many political parties, including NDA allies, has been growing, putting the Centre on the backfoot. Many states are keen to emulate Bihar. 

However, legal and constitutional experts are of the opinion that since the Census operation comes under the Union list, states are not empowered to conduct the same. They can only collect statistics or data of the population.

Several parties have been pushing for a nationwide ‘caste census’ to enumerate the Socially Economically Backward Classes and OBCs.

The caste-based parties argue that athough the Mandal Commission estimated the OBC population at 52%, in the absence of a reliable data, the backward classes are losing out on welfare schemes and programmes meant for them.

Though the Congress-led UPA government conducted a Socio-Economic Caste Census in 2011, the report was never published.  

Constitutional expert PDT Achary points out that the decennial census is conducted by the Census Commissioner of India under the Census of India Act, 1948.

“The state does not have the power to conduct a census. The states can collect data or headcount of the population for the implementation of welfare schemes or other purposes,” he said, adding that a state survey will only lead to more complexities.

Experts say states can conduct their own ‘survey’. Prof G. Mohan Gopal, former director, National Judicial Academy, said, “This may be done either under existing state legislation and rules or a new legislation may be enacted under item 45 of List III (Concurrent List) of the Seventh Schedule of the Constitution for socio-economic development of the state.”

Counting numbers

• Central government accepted recommendations to use Socio-Economic Caste Census in 2017. It helps in the identification of beneficiaries and transferring of funds for social schemes.

• Aims to bring out the unseen aspects of caste groups and their share in resources.

• Long pending demand of many parties including NDA allies for a national caste-based census to identify the Socially Economically Backward Classes /OBCs.

• Centre is clear about not holding caste-based survey; will only enumerate the SCs and STs in the 2021 census.

• 1931 was the last time population figures were collected on the basis of caste.

• The Congress-led UPA govt conducted a separate Socio-Economic Caste Census (SECC) in 2011, but the report was never published.

• Now, Bihar govt is bracing for caste-based survey in the state.

• Many states may follow suit.