Inadvertent error: Centre's U-turn before SC on Bihar's caste survey
Hours after claiming sole right over conducting a census, the Centre revised its position on the Bihar government's caste-based survey, citing an "inadvertent error" in an affidavit filed previously before the Supreme Court. The Centre, in its fresh affidavit, removed the portion that said, "No other body under the Constitution or otherwise is entitled to conduct" a census or any similar exercise. However, it maintained that it only has the authority to conduct a census under the Census Act, 1948.
Why does this story matter?
The development came after Bihar Deputy Chief Minister and Rashtriya Janata Dal (RJD) leader Tejashwi Yadav accused the ruling Bharatiya Janata Party (BJP) of opposing the caste-based survey to "suppress the truth" amid the countrywide decennial census being deferred. While filing the previous affidavit, Solicitor General Tushar Mehta said the Centre neither supported nor opposed the exercise. Notably, opposing the caste-based survey, which is receiving significant public support in Bihar, could prove to be bad optics for the BJP.
Revised affidavit acknowledges exclusive authority
The revised affidavit nonetheless acknowledges the Centre's exclusive power to conduct a census under Section 3 of the Census Act of 1948, which is covered in the Union List under entry 69 of the Seventh Schedule of the Constitution. Although the revision was reportedly aimed at aligning the Centre's stance with the popular view regarding the survey, its position remains essentially the same. Earlier, Yadav said it was not a census but a caste-based survey to gather data.
Patna High Court greenlights stalled exercise
Earlier this month, the Patna High Court and the SC deemed the initiative valid, allowing the stalled exercise to resume after nearly three months. The Bihar government plans to collect information on each household in two phases to address poverty and inequitable resource allocation. The first round of Bihar's caste survey was performed between January 7 and 21, while the second round began on April 15, but the Patna HC earlier stayed the survey in an interim order in May.
