‘Central govt only body that can conduct census’: Centre to SC on Bihar caste survey

The government said it is filing the affidavit “only with a view to place the Constitutional and legal position for consideration of this court”.

The government said it is “committed to take all affirmative actions for upliftment of SCs/STs/SEBCs and OBCs in accordance with the provisions of the Constitution and applicable law”.

Earlier in the day, the Centre filed another affidavit stating in paragraph 5 that “no other body under the Constitution or otherwise is entitled to conduct the exercise of either Census or any action akin to Census”.

However, in a revised affidavit filed later in the day, it said the paragraph concerned “inadvertently crept in” in the initial affidavit, due to which the affidavit has been withdrawn.

An SC bench is currently seized of petitions challenging the Patna High Court order allowing the caste survey.

The appellants have contended that it is clearly in violation of the nine-judge SC bench decision in the privacy case wherein it was held that the State cannot encroach on the privacy of individuals without a law to back it. The survey was carried out on the basis of an executive order, they point out.

“When a fundamental right under Article 19 or 21 is sought to be affected, it has to be supported by a law, and law cannot be executive notification, it has to be statute law…. That’s the view the court has taken in the Constitution bench,” the petitioners contended.

The Supreme Court, however, has said that it will not stay HC order unless the appellants make a prima facie case.