NEW DELHI: The Modi government on Monday told the Supreme Court that the subject of census is covered in the Union List under Entry 69 in the Seventh Schedule. A batch of pleas has challenged the Patna HC verdict upholding the Bihar government’s decision to conduct a caste-based survey for the determination of backward communities.
Filing its response, the Centre termed census a “statutory process” and said that section 3 of the Census Act, 1948 only empowers it and no other body to conduct this exercise. The Centre expressed its commitment to take all affirmative action for the uplift of SCs/STs/ SEBCs and OBCs in accordance with the Constitution, It said, “The Act empowers only the Centre to conduct the census under section 3 of the Census Act, 1948.”
The way was paved by a bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy in its 101-page verdict delivered on August 1, 2023. It remarked that caste has been found to be an important indicator of understanding backwardness. Lifting the stay, the court had held that the state’s contention cannot be brushed aside that “the purpose of the survey is to identify backward classes, SCs and STs with the aim to uplift them and also ensure the provision of equal opportunities to them.”
Challenging the HC decision, the plea said that only the Union government is empowered to conduct the Census. “It is submitted that the notification dated June 6, 2022, is against the Constitutional mandate of distribution of powers between the state and the Union legislature,” it said. The court termed the state government’s decision to conduct the survey as perfectly validated with due competence and opined that the state was competent to conduct the same as affirmative action as per Article 16 of the Constitution.
It also remarked that there was no element of coercion in the entire exercise. The process of caste-based survey started in Bihar on January 7, 2023. The responsibility of conducting this survey in Bihar has been entrusted to the General Administration Department of the government.
Also in top court
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