Decode Politics: Why Kerala finds itself in court over caste census

Urging a consensus, Radhakrishnan said: “The government does not want to abolish or usurp the rights of any segment.”

* What are the cases pending before the Supreme Court?

The Kerala government is facing two contempt of court petitions for its failure to comply with a High Court verdict of 2020, which had asked the state to conduct a survey to identify socially and economically backward classes.

While disposing of petitions moved by two organisations – Manavaikyavedi and a Minority Indians Planning and Vigilance Committee – the High Court had directed the Centre and Kerala to take steps to finalise a study for identification of such groups in the state, and submit a report to the state commission for backward classes. The commission and Centre were further directed to evaluate the study and submit recommendations to the state within six months.

The Centre had moved the Supreme Court challenging the High Court directive, but the apex court had dismissed it. It had, however, allowed a period of one year to execute the high court order.

With more than three years passing without the order being executed, the two petitioner outfits had moved the apex court alleging contempt of court.

* What are the petitioners citing?

They have cited the 1992 Supreme Court verdict in the Indra Sawhney case. First, it said that the criteria for a group to qualify for reservation is “social and educational backwardness”. Additionally, the court also reiterated the 50% limit to vertical quotas it had set out in earlier judgments – unless in “exceptional circumstances”.

The verdict led to the formation of backward commissions at the national and state levels. The National Commission for Backward Classes Act, under which the commissions were formed, stated that state governments should revise the list every 10 years. However, such a revision has not taken place in Kerala so far.

* What is the state government’s stand on caste census?

Last week, the Kerala government told the Supreme Court that it could not proceed with this as the details of the socio-economic caste census conducted by the UPA government at the Centre had not been made public. Kerala added that in 2022, the state had asked the Union government to share the details with its backward class commission, and that in May 2023, the Centre had done the same.

However, Kerala argued, the report sent by the Centre was not helpful in identifying the social and economically backward classes in the state.

* What is the state Opposition’s stand?

The Congress, which has made the demand for a caste census central to its Lok Sabha campaign, is using it to attack the Kerala government. (Incidentally, as part of the INDIA coalition with the Congress, the CPI-M also backs a nationwide caste census.) The Congress also argues that irrespective of a nationwide census, the state could have carried out one.

While the 102nd Amendment of the Constitution passed in 2018, conferred the National Commission for Backward Classes powers regarding classifying backward classes, in May 2021, the Supreme Court held that only the President of India could specify these groups, even for a state.

However, in August 2021, another amendment was brought in, the 105th to the Constitution, vesting those powers back to states.

The Congress-led UDF Opposition is pointing to this 105th amendment to argue that Kerala could generate its own backward classes list. It has also accused the Kerala government of trying to cover this up, and hence toeing the Union government’s line, which is against a caste census.

* Who are the loudest voices on the issue?

Since Bihar came out with a caste survey, demand has been growing in Kerala from among backward communities for a similar survey to deduce representation of weaker sections in government service. While the backward Hindu community organisations such as the SNDP Yogam and various Muslim organisations support a caste census in Kerala, upper caste Hindus, particularly the influential Nair Service Society, are vehemently opposed to such an exercise.

The Kerala government’s stand is seen as a bid to dodge the bullet by passing the buck on to the Centre, thus not alienating any section.