Caste-Based Census: Patna HC rejects Nitish Govt's plea for early hearing; says 'We have not set-aside the survey'
July 15, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Caste-Based Census: Patna HC rejects Nitish Govt’s plea for early hearing; says ‘We have not set-aside the survey’

The Patna High Court said, “We are of the opinion that the State has no power to carry out a caste-based survey, in the manner in which it is fashioned now,” while granting an interim stay on the caste-based census on May 4

WEBDESKWEBDESK
May 9, 2023, 06:15 pm IST
in Bharat, Bihar
Follow on Google News
Caste Census, Nitish Kumar
FacebookTwitterWhatsAppTelegramEmail

The Patna High Court has rejected the Bihar Government’s application seeking to prepone the hearing in the plea challenging caste-based survey in the State. It is pertinent to note that on May 4, the Court stayed the caste-based census being conducted in Bihar with immediate effect. Furthermore, the Court posted the matter for hearing on July 3.

The Bihar Government has moved an interim application before the Court stating that its May 4 order is interim in nature, however, it has finally adjudicated the issues. Therefore, the matter must be disposed of as no purpose is served to keep the case pending.

The Bihar Government’s counsel, Advocate General PK Shahi, argued that in effect the interim order passed is a final order, especially, when this Court has held that there is no legislative power on the State to go ahead with the caste-based survey. The contention is that while passing an interim order, the final dispute should not have been adjudicated.

However, the Court said, “We have not set-aside the entire survey carried out, which was stated to be completed to the extent of 80%. We only stayed the further survey and also stayed dissemination of the information collected, to the political parties, as has been indicated in the very notification itself.”

“This is not in final disposal of the matter and we are sure that we are open to conviction, when the matter is heard finally, for which we have posted it on 03.07.2023,” the Court added.

The Court said, “In such circumstances, we do not find any reason to advance the hearing to an early date, especially when the matter is posted immediately after the vacation.”

Furthermore, the Court rejected the Bihar Government’s counsel’s contention that it could be “permitted to continue the survey with an undertaking that the data would be protected and that the same would not be disclosed.” The Court said the same would be reviewing the order, which is not permitted in an application seeking to prepone hearing.

Patna High Court stays Caste-Based Census in Bihar

On May 4, the Patna High Court stayed the caste-based census being conducted in Bihar with immediate effect. The Court reserved its judgement on a petition challenging and seeking an interim stay on the enumeration of castes and economic survey in Bihar on May 3.

The petitioner’s counsel argued that the ‘caste survey’ is a census in form and content and pointed out that the authority to carry out a census is with the Central Government under Entry 69 of List I of the Seventh Schedule to the Constitution of India. The petitioner’s counsel also contended that the Bihar Government does not have legislative competence.

It was also argued that the survey is, in effect, a census aimed at eliciting the caste status of the individuals native to the State. The petitioners also raised a contention that such a census would be violative of an individual’s privacy. The petitioner’s counsel placed emphasis on two points; one, the expenditure of Rs.500 Crores and the dissemination of information to all the political parties, as is proclaimed in the notification itself.

The Court noted, “It is the vehement contention of the State that the entire data now collected is available in the public domain; different individuals having given it for the purpose of availing reservation, social welfare measures, getting employment and so on and so forth. If the details are available in the public domain, we fail to understand why such a massive exercise, expending public resources has to be undertaken.”

The Court stated, “We are convinced that the survey, in the manner in which it is carried out, cannot be said to be within the policy realm of the State. Even the defence raised was to source the State’s power to legislate under the Concurrent List; which we have found to be untenable.”

The Court held that prima facie the caste-based ‘survey’ amounts to a census which only the Government of India has the power to carry out. The court stated, “On the above reasoning, we find that the caste-based survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament which has also enacted a Census Act, 1948.”

The Court said, “We are of the considered opinion that the petitioners have made out a prima facie case against the continuation of the process of caste-based survey, as attempted by the State of Bihar. There is also the question raised of data integrity and security which has to be more elaborately addressed by the State.”

Furthermore, the court held, “Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament. We also see from the notification issued that the Government intends to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party which is also a matter of great concern. There definitely arises the larger question of right to privacy, which the Hon’ble Supreme Court has held to be a facet of right to life.”

The Court concluded, “In such circumstances, we direct the State Government to immediately stop the caste-based survey and ensure that the data already collected are secured and not shared with anybody till final orders are passed in the writ petition.”

Topics: Caste-based surveyBihar governmentNitish Kumar GovernmentCaste Based CensusBJPNitish KumarJDUGovernment of IndiaRJDtejashwi yadav
Share1TweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

India monitored Chinese ships during drill in South China Sea

Next News

After Jammu & Kashmir, Lithium reserves found in Rajasthan, can meet 80 per cent of India’s demand

Related News

Indian Railways is facing a growing encroachment challenge, with over 1,068 hectares of land under encroachment

RTI Exposes Massive Rail Land Grab: Over 1,068 hectares of Indian Railways land encroached

The organisers of the 'Melbourne Meets Modi' community have issued a strongly worded open letter to Rahul Gandhi

Don’t insult Indian-Australians: Melbourne Meets Modi organisers demand apology from Rahul Gandhi over paid crowd claim

Tiruvananthapuram Mayor Adv. V.V. Rajesh administers oath to BJP councillor R. Sugatan at Viyyoor Central jail, Thrissur

Keralam: Tiruvananthapuram BJP Councillor R Sugatan retakes oath in Viyyoor Central Jail after Kerala HC intervention

Congress leader Priyanka Gandhi

‘Where is Priyanka Gandhi?’ BJP questions Wayanad MP’s absence after deadly landslide, alleges ‘Token tweet’ response

Rs 100 Crore Palani Temple land registered in private names, probe demanded

Tamil Nadu: Palani temple land worth Rs 100 crore illegally registered in names of two individuals, sparks outrage

Congress supremo Rahul Gandhi

BJP calls Rahul Gandhi a ‘Non-serious politician’, alleges student outreach events cancelled due to vacation

Load More

Latest News

Rudram-1

Rudram-1 in Action: Bharat’s first indigenous missile to hunt and destroy enemy radars

Indian Railways is facing a growing encroachment challenge, with over 1,068 hectares of land under encroachment

RTI Exposes Massive Rail Land Grab: Over 1,068 hectares of Indian Railways land encroached

Madhya Pradesh's Uniform Civil Code draft proposes mandatory registration of live-in relationships

Madhya Pradesh: UCC draft proposes mandatory registration of live-in relationships, divorce & inheritance laws

Devotees gather in large numbers in Puri for Mahaprabhu Jagannath's Nabajaubana Darshan

Odisha: Mahaprabhu Jagannath appears in divine Nabajaubana form after 15-day anasara, thousands gather in Puri

India's Udyam Registration and Udyam Assist platforms are formalising MSMEs and driving inclusive entrepreneurial growth

How Udyam Registration and Udyam Assist are transforming India’s MSME and entrepreneurial ecosystem

Maoist Ravindra Ganjhu (Source: OpIndia)

Jharkhand: Maoist commander Ravindra Ganjhu with bounty of Rs 20 lakh arrested after 16 years

Gyanvapi Complex

Gyanvapi Row: Hindu side demands Mosque premises be vacated, Muslim side rejects mediation; Both seek court verdict

Union Minister Piyush Goyal (Left) and European Commissioner for Agriculture and Food, Christophe Hansen (Right)

India-EU FTA legal scrubbing nears completion; Trade pact set to become operational in early 2027

World Youth Skills Day 2026

World Youth Skills Day 2026: Equipping young people for a shared future in an AI-driven world

Kalyan Banerjee Blames Abhishek Banerjee’s ‘Camac Street Ecosystem’, I-PAC for TMC’s 2026 Poll Defeat

‘Camac street finished TMC’: Kalyan Banerjee blames Abhishek Banerjee, I-PAC for Bengal poll debacle and party split

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies