Nitish government had decided to conduct census in the state at its own level, in protest against this the Modi government had sought a ban on it in the Supreme Court.
कोर्ट से मोदी सरकार को सुप्रीम झटका, बिहार के जातीय जनगणना के आंकड़ों पर रोक लगाने से सुप्रीम कोर्ट का इनकार
Modi government has received a big blow from the Supreme Court. The court has refused to ban the caste census data of Bihar. The court has issued a notice to the Bihar government during the hearing. In fact, the Nitish government had decided to conduct census in the state at its own level, in protest against this the Modi government had sought a ban on it in the Supreme Court. The Center had argued that the Center has the right to take all types of decisions on the census. State governments cannot take any decision in this regard.
During the hearing, Justice Sanjeev Khanna said that the Bihar government has collected the data. The data has also been released. The High Court had issued a detailed order in the case. The petitioner’s lawyer told the court that the cases were pending and in the meantime the government has released the data. The Supreme Court had recently refused to stay the uploading of data collected in the Bihar caste-based survey.
In fact, a few months before the Lok Sabha elections, the survey revealed that Other Backward Classes and Extremely Backward Classes among them constitute 63% of the state’s population, with EBCs at 36% while OBCs at 27.13%. The Bihar government had argued that it was a “social survey”. Senior counsel for the state government, Shyam Divan, said the survey data would be used to formulate welfare measures.
Patna High Court had upheld the validity of the survey on August 1. The petitioners had argued that Bihar had no authority to conduct such a survey, which was an attempt to usurp the Centre’s powers. He argued that the survey violated Schedule VII of the Constitution, the Census Act, 1948 and the Census Rules, 1990. The petitions said the census was included in the Union List in the Seventh Schedule of the Constitution. The pleas argued that the survey notification in June 2022 was outside the scope of Sections 3, 4 and 4A of the Census Act, 1948 as well as Rules 3, 4 and 6A of the Census Rules, 1990.
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