The Supreme Court, on January 2, expressed concerns over the non-disclosure of data from the Bihar caste survey, stating that it should be made available to the public to prevent potential issues. Justices Sanjiv Khanna and Dipankar Datta presided over the bench, emphasising that individuals willing to challenge certain inferences should have access to the data.
The court heard a plea from senior advocate Raju Ramachandran, who sought an interim order in the case and presented a translated copy of the Bihar caste survey. The court pointed out that legal issues regarding the judgment’s correctness should be addressed separately.
A bench of Justices Sanjiv Khanna and Dipankar Datta said, “If somebody is willing to challenge a particular inference being drawn then he should be able to have that data”.
Senior advocate Raju Ramachandran for a petitioner said he would like to bring on record a translated copy of Bihar caste survey. He sought an interim order in the case.
“You are saying that the census report is already out now. One is the legal issue, whether the judgment is correct or not,” the bench said.
Ramachandran argued that urgency was required as the report had been implemented and challenged in the Patna High Court. He highlighted the increased reservation from 50 per cent to 70 per cent, which was now under dispute.
The Supreme Court observed that the breakdown of Bihar caste survey data should normally be available in the public domain for transparency. Senior advocate Shyam Divan, representing Bihar, mentioned that the survey was already in the public domain and tabled in the State legislature.
Justice Khanna expressed concern about selective disclosure of data and emphasised the importance of making the breakdown of data available to those challenging specific inferences. The court fixed the next hearing for February.
Senior advocate Shyam Divan, for Bihar, said the survey was available in the public domain and it had already been tabled in the State legislature.
“Huge data from the survey is available in the public domain,” Divan said.
Justice Khanna said there would be a problem if data from the survey was put out in the public domain selectively.
Divan said people were still working on the data compiled in the survey and information was made public as and when an analysis was completed.
“No… that would be a problem. The break-up of data should normally be made available because if someone wants to challenge a particular inference, that chance should be given,” Justice Khanna responded. The court fixed the hearing in February.
The Supreme Court had in October refused to stay the Bihar government from publishing data collected from its caste-based survey.
In October, the Supreme Court had declined to stay the Bihar government from publishing data from its caste-based survey, which revealed that OBCs and EBCs constituted 63 per cent of the state’s population.
The Patna High Court had upheld the survey results. The Supreme Court had raised questions about transparency and data privacy during its previous proceedings on the matter.
In October, Justice Khanna asserted that a state government, including any government, cannot be prevented from making decisions. He clarified that if there were concerns regarding the data, they would be duly considered. The crucial matter, according to Justice Khanna, was determining the extent of data breakdown made available to the public for transparency. The court dismissed the idea that compiling and publishing the data would compromise privacy.
In October, the Bihar government publicly released the results of its contentious caste-based survey, Bihar Jaati Adharit Ganana, just months before the 2024 Lok Sabha elections. The census disclosed that the Other Backward Classes (OBCs) constituted 63 per cent of the state’s population. Additionally, it reported that Scheduled Castes accounted for over 19 per cent of the 13-crore population, Scheduled Tribes made up 1.68 per cent, and the upper castes (savarnas) constituted 15.52 per cent of the state’s population.
Despite facing legal challenges and opposition from the BJP, Chief Minister Nitish Kumar asserted that the report would support the state government’s initiatives for the development and upliftment of all sections of society.
