Karnataka High Court adjourns pleas against state caste survey implementation to July 17

The petitions from 2015 have been pending in the high court on account of the Supreme Court hearing a plea related to the powers of states to decide on policies for the development of backward classes under sections 15(4) and 16 (4) of the Constitution of India.

During the arguments on Monday, the counsel for the petitioners said the petitions related to the caste survey sought to be conducted by the government of Karnataka in 2014.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind said the matter was not urgent and could be taken up on July 17.

The counsel, however, sought a high court direction that no further action should be taken on the report on account of an undertaking given by Karnataka to the Supreme Court, where the matter is still pending. The high court directed the petitioner’s counsel to apply for an interim order for the relief sought.

In March 2021, the high court adjourned the pleas challenging the caste survey by referring to a matter pending before a Constitution bench of the Supreme Court in civil appeal No.3123 of 2020, where the apex court has “formulated six questions for consideration”.

One of these questions is whether the 102nd amendment to the Constitution “deprives the state legislature of its power to enact a legislation determining the socially and economically backward classes and conferring the benefits on the said community under its enabling power?”

Another question is “whether states’ power to legislate in relation to ‘any backward class’ under Articles 15(4) and 16(4) is anyway abridged by Article 342(A) read with Article 366(26c) of the Constitution of India?”

A third question is “whether Article 342A of the Constitution abrogates States’ power to legislate or classify in respect of ‘any backward class of citizens’ and thereby affects the federal policy/structure of the Constitution of India?”

“Section 11 of the Backward Classes Act provides that the State Government shall, at the expiration of ten years on coming into force of the said Act and every succeeding period of ten years, undertake revision of the lists prepared by the state government for the purpose of excluding from such lists those classes who have ceased to be backward classes or for including in such lists, new backward classes under Articles 15(4) and 16 of the Constitution of India,” the high court said in its order on the petitions on March 17, 2021.

“Sub-section (1) of Section 11 of the Backward Classes Act contemplates exclusion of backward classes of Citizens and inclusion as well. The survey which is the subject matter of challenge in these petitions has been undertaken in aid of the exercise to be conducted under sub-section (1) of Section 11 of the Backward Classes Act,” the court had further observed. “Now, the Constitution Bench is examining the very power of the State to legislate in relation to “any backward class” under Articles 15(4) and 16(4) in the light of the provisions of Article 342(A) of the Constitution incorporated by 102nd Amendment with effect from 15th August, 2018. Thus, the questions which are being examined by the Constitutional Bench include questions regarding the very existence of the power of the state government to make classification in respect of any backward class of citizens.”

The high court had earlier adjourned the hearings on the petitions against the caste survey on account of the Supreme Court addressing the issue of state powers to legislate on the welfare of backward classes.