Can the state carry out a census? The Bihar caste survey row, explained

The caste census in Bihar is kicking up a storm. While the ruling Grand Alliance, comprising the Rashtriya Janata Dal (RJD), Janata Dal-United (JD-U) and the Congress in Bihar, is supporting the activity and wants a thorough caste census, the BJP at the state level seems reluctant to express either support or resistance to it.

However, the BJP at the Centre, as per the affidavit filed in the Supreme Court, seems against the act, submitting an affidavit which first read: “No other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to census.”

It was later modified to – “Census is a statutory process governed by the Census Act of 1948, which was enacted in the exercise of the powers under Entry 69 of List I of the Constitution’s Seventh Schedule and that the said Act empowers only the Central Government to conduct the Census.”

But what is the row over it? What’s with the change in the affidavit? What does the change in the affidavit mean? Here’s what we know so far.

What is the Bihar caste census all about?

In January, the Nitish Kumar-led government began conducting a survey of households to collect and publish data on caste with the aim of “ensuring all-round development of all sections of the State.”

The survey was to cover an estimated population of 12.70 crores in an estimated 2.58 crore households in 38 districts, which have 534 blocks and 261 urban local bodies.

Chief Minister Nitish Kumar has extended his support to the caste survey, saying it would be beneficial for all sections of society. Earlier he had said, “The caste-based survey in the state is beneficial for all. It will enable the government to work for the development of various sections of society, including those who are deprived. This will help us to know which areas require development.”

The survey was halted in May after the Patna High Court had stayed it on the grounds that it violated a citizen’s fundamental right to privacy and that the state had no power to carry out such a survey.

However, three months later, the court cleared the survey. In a 101-page order, the court had then said: “We find the action of the State to be perfectly valid, initiated with due competence, with the legitimate aim of providing ‘Development with Justice’; as proclaimed in the address to both Houses and the actual survey to have neither exercised nor contemplated any coercion to divulge the details and having passed the test of proportionality, thus not having violated the rights of privacy of the individual especially since it is in furtherance of a ‘compelling public interest’ which in effect is the ‘legitimate State interest’.”

The caste survey which began in January, was put on hold by the Patna High Court in May. It later gave its nod to the exercise. File image/PTI

How did Supreme Court figure in matter?

Shortly after the High Court gave its go-ahead in the matter, a plea was filed in the Supreme Court questioning the validity of the Patna High Court’s 1 August order, approving the Bihar government’s decision to conduct a caste survey in the state, saying the entire exercise is without authority and legislative competence and reeks of mala fide.

Hearing the matter in the court, the Centre on Monday (28 August) said that the survey was a statutory process and is governed by the Census Act, 1948. The Wire also reported that Solicitor General Tushar Mehta was also clear in conveying that the Centre wasn’t obstructing the Bihar counting activity, when he told the apex court, “The Centre was neither opposing nor supporting the litigation.”

Interestingly, earlier the Centre in its affidavit had said that “no other body is entitled to conduct the exercise of either Census or any action akin to it”, – which has now been dropped.

The timing of the change in the affidavit is suspect, as it came shortly after Bihar deputy chief minister Tejashwi Yadav had hit out at the Centre for its filing. He had then said: “They have no knowledge. They only know how to lie and suppress the truth. They have opposed it even in the affidavit. It has been made clear that the BJP does not want it (caste census) and is opposing it. If they support it, then they should conduct it (caste census) across the country.”

Where do the parties stand on the caste survey?

The Grand Alliance has been firmly supporting the caste survey in Bihar, with the RJD and JD(U) vocally pushing for the exercise. RJD patriarch Lalu Prasad Yadav has pushed for the caste survey and has alleged that the Centre was looking at the caste survey in Bihar with hatred.

Prasad said the caste survey would result in overall holistic development of people from various castes. “It is necessary for the government to know the socio-economic status of various castes. How can policies be made without getting acquainted with the economic status and caste of a person?”

He further alleged that the BJP-led Centre does not want suppressed sections of the society to prosper.

The BJP, on the other hand, has refuted these claims, with former Deputy Chief Minister Sushil Modi saying that his party supports caste census but “according to the Census Act, only the Centre can conduct a caste survey.”

An enumerator staff receives information from Bihar chief minister Nitish Kumar during the second phase of caste census at the state, in Bakhtiyarpur. File image/PTI

Why Nitish Kumar wants a caste survey?

While some believe that a caste survey may further fragment society, Nitish Kumar has extended his complete support to the exercise. He has stated time and again that a caste survey would help in identifying sections that remain off the government’s social welfare radar or have benefitted less. He has maintained that a caste census would help the state identify those at the bottom of the social and economic ladder and pull them up using proactive measures.

Many sociologists also share the same belief that a caste survey is important in battling caste discrimination in India. They argue that the phrase ‘caste’ has been historically associated with only lower castes such as the SCs and the OBCs while the upper castes have always been perceived as seemingly ‘casteless’. Accordingly, caste surveys help in mapping out socio-economic deprivations, fundamental in the creation of an egalitarian society.

However, the exercise has political implications too. By carrying out the exercise, he will be able to reach out to his core voters and also extend his social umbrella. He will be able to claim credit for the exercise and amass greater support from the marginalised among OBCs and Scheduled castes, who make up 45 per cent of Bihar’s voters.

With inputs from agencies

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