Bihar Caste Census: Nitish Govt moves Supreme Court against Patna High Court’s May 4 order granting an interim stay
July 19, 2025
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
    • Global Commons
  • Editorial
  • International
  • Opinion
  • Op Sindoor
  • More
    • Analysis
    • Sports
    • Defence
    • RSS in News
    • 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
    • Podcast
MAGAZINE
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
    • Global Commons
  • Editorial
  • International
  • Opinion
  • Op Sindoor
  • More
    • Analysis
    • Sports
    • Defence
    • RSS in News
    • 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
    • Podcast
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS in News
  • Magazine
  • Read Ecopy
Home Bharat

Bihar Caste Census: Nitish Govt moves Supreme Court against Patna High Court’s May 4 order granting an interim stay

The Bihar Government has challenged the Patna High Court’s order before the Supreme Court, contending that the ‘survey’ was on the verge of completion and the stay on it is causing an irreparable cost to the state

by WEB DESK
May 13, 2023, 11:00 am IST
in Bharat, Bihar
Supreme Court hears Bihar Government's plea challenging Patna High Court's interim order

Supreme Court hears Bihar Government's plea challenging Patna High Court's interim order

FacebookTwitterWhatsAppTelegramEmail

The Nitish Kumar-led Bihar Government has moved the Supreme Court to challenge Patna High Court’s May 4 order granting an interim stay on the caste-based census being conducted in the state with immediate effect.

The Patna High Court held that the state government does not have the legislative power to conduct the ‘survey’ and said, “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.”

Furthermore, the Patna High Court noted the data privacy concerns with the ‘survey’ and said, “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 Bihar Government has challenged the Patna High Court’s order before the Supreme Court, contending that the ‘survey’ was on the verge of completion and the stay on it is causing an irreparable cost to the state. It is pertinent to note that the estimated cost of the ‘survey’ stand at about Rs 500 crores.

“The State has already completed more than 80% of the Survey work in some districts less than 10% of work is pending. The entire machinery is at ground level. There shall be no harm in completing the exercise subject to final adjudication of the dispute. The time gap to complete the survey would adversely affect the survey since this would not be contemporaneous data…the stay of collection of data itself would cause a huge loss to the State since, if finally the action of the State is upheld, the State would be required to put logistic in place with additional expenditure and burden on public exchequer,” the Bihar Government’s plea before the Supreme Court read.

Furthermore, the Bihar Government has also challenged the Patna High Court’s finding that the conduction of ‘caste-based survey’ amounts to a ‘census’ and thus the state does not have the power to conduct it. The government contends that the power of the state to conduct a survey is traceable to various entries of List III, Part-3 and Part-4 of the Constitution of India.

It is also averred that the collection of caste-based data is a constitutional mandate under Articles 15 & 16 of the Constitution of India. Furthermore, the Government of India and the State Governments have enacted the National and State Commission of Backward Classes Act, and that its effective implementation requires quantifiable data. “The provisions of the Act can be effectively implemented only when the State has data based on caste,” the Bihar Government’s plea read.

Furthermore, the Bihar Government argues that the Patna High Court’s finding that the enumeration of caste does not find place in the Concurrent & State List but just the Union List is dangerous as it takes away the state government’s power to act on the basis of caste or identification of caste under Article 342-A and the Backward Commission Acts of the States.

“The 105th Constitutional Amendment reaffirms the power of the State for identification of caste under Article 342A. This can be achieved if the State has contemporaneous data on caste in the State,” the Bihar Government’s plea read.

Furthermore, the Bihar Government argues that the Patna High Court’s order at the interim stage are equivalent to a final relief and thus, the writ petition has become infructuous, therefore, the same be heard and disposed of.

It is pertinent to note that the Patna High Court clarified that it has not set aside the entire survey, however, it has stayed further survey and the dissemination of information to political parties. However, the Patna High 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 Patna High Court added.

Topics: Constitution of IndiaSupreme CourtScheduled CastesNitish KumarCaste-based surveyPatna High CourtBihar governmentNitish Kumar GovernmentCaste Based CensusCaste Survey
Share17TweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Manipur Violence: Declare Kuki militants as terrorists for waging war against civilians & security forces, urged COCOMI

Next News

UK: The Kerala Story cancelled over certification issue with British Board of Film Certification, netizens outraged

Related News

PM Narendra Modi

“New India spares no effort in punishing enemies”: PM Modi hails Op Sindoor in poll-bound Bihar

Bihar RJD chief Lalu Yadav

Land For Job Scam in Bihar: SC refuses to stay proceedings against Lalu Yadav & asks Delhi HC to expedite hearing

Maharashtra CM Devendra Fadnavis

Maharashtra: CM Fadnavis declares war on SC quota fraud; Calls forced religious conversions ‘Unacceptable’

Bihar CM Nitish Kumar, Image Credit- Firstspot

Bihar: CM Nitish Kumar announces free electricity for up to 125 units

“Hadd hai! Kuch bhi keh loge”: SC slams cartoonist Hemant Malviya for posting objectionable cartoons of PM Modi & RSS

Exterior of Supreme Court

Supreme Court scraps 1,158 assistant professor, librarian jobs in Punjab over irregularities in recruitment

Load More

Comments

The comments posted here/below/in the given space are not on behalf of Organiser. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.

Latest News

Bangladeshi posing as transgender caught with forged documents

Twenty years in India, 8 in Bhopal: Bangladeshi posing as transgenders caught with forged documents

Buddhism is greatest gift of India to the world: His Holiness the 43rd Sakya Trizin, Gyana Vajra Rinpoche

Historic correction by NCERT: Why rewriting history was long overdue

Out of the ten people arrested, three were caught in Rajasthan, two each in Uttar Pradesh and West Bengal, and one each in Delhi, Uttarakhand, and Goa

UP: Police bust ISIS-style conversion and radicalisation racket spanning six states, 10 arrested

Vellappally Natesan, general secretary of the organisation representing the numerically strong Ezhava community

Kerala: Muslim community eyeing Chief Minister post next, warns SNDP leader Vellappally Natesan

(Left)Accused Saddam (Right) Accused Arif

Love Jihad cases rock Assam: Arif trapped Hindu girl, killed her for refusal; Saddam raped & murders tribal girl

From Left: Bhangra Buddharakkihta ( Uganda), HE Somdet Phra Theorayanamuni (Thailand), Muruddeniya Dhamarathana Thera ( Sri Lanka), Gyana Vajra Rinpoche (Head of Sakya school), Jetsun Lobsang Dorjee Palzangpo ( Head of Gelug school) and Prof Samdhong Rinpoche

The 14th Dalai Lama at 90: Celebrating the legacy

India unveils upstream energy strategy at Urja Varta 2025: Reforms, resilience, and global synergy take the spotlight

Representative Image

Project Vishnu: India tests hypersonic missile 8x faster than sound, outpaces BrahMos in major tech breakthrough

Islamist Conversion Mafia: Jamaluddin used fake RSS identity, PM Modi image & saffron disguise to lure Hindu girls

  • 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
    • Global Commons
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS in News
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
    • Podcast
  • 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