NEW DELHI: The Supreme Court on Wednesday agreed to hear the plea challenging the notification dated June 6, 2022, issued by Bihar Govt for conducting a caste census in the state.
The plea was mentioned by a counsel before the bench of CJI DY Chandrachud and Justice PS Narasimha.
“The State of Bihar is going to conduct a caste-based census,” the counsel said while urging the bench to list the plea. “Next Friday,” CJI DY Chandrachud said.
The plea filed by one Akhilesh Kumar, a social worker from Nalanda argues that the notification is discriminatory and unconstitutional as the State Government is only competent to legislate law on the subjects which are referred to in the State List of the Seventh Schedule of the Constitution of India.
“In the absence of legislation, the government can frame instructions, and guidelines, on the subjects which are listed in the State List. That apart the State Government can legislate on those subjects where central legislation is not made. Therefore, the State Government by executive order cannot conduct a caste census in the absence of legislation on the subject. In a state which is governed by rule of law, executive orders must get basis and genesis from the law,” the plea also states.
Against this backdrop, the plea also seeks for refraining the state from conducting a caste census as it is against the basic structure of the Constitution of India.
“Upper ceiling of 50% reservation in favour of SC/ST/OBC could breach the upper ceiling of 50%. In terms of the provisions contained in the Constitution of India, a reservation has been provided in the local self-government in the Schedule area only. Therefore, the State Government cannot tinker with the constitutional scheme,” the plea states.
It was also stated that State Government by executive orders cannot conduct a caste census in the absence of legislation on the subject. The plea further added, “The Notification for caste census in the State of Bihar lacks statutory flavour and violates Article 14 of the Constitution of India which provides equality before the law and equal protection of laws to all persons within the territory of India, thereby violating the basic principles which form a basic structure of Constitution of India.”