On August 7, the top court refused to stay the Patna High Court’s order giving the go-ahead for the caste survey.
The Centre on Monday filed a fresh revised affidavit in the Supreme Court in the matter of the Bihar caste survey withdrawing the earlier one filed before the apex court. In the fresh affidavit, the Centre cited ‘inadvertent error’.
In the new affidavit, paragraph 5 of the old affidavit has been removed, in which it was said that apart from the Central Government, no other organisation can conduct census or any process like census.
However, in this new affidavit, the Centre said even under the Census Act, 1948, only the Central government has the right to conduct the entire census, but in this new affidavit, the words “any other process like census” have been removed.
What is Bihar government’s stand?
The Bihar government’s stand on this whole issue is that it is not conducting a census at all, it is only conducting a caste survey.
Earlier, the Centre told the Supreme Court that only it is empowered to conduct a census under the relevant law as the subject falls under the Union list of the Constitution.
In an affidavit filed in connection with a batch of petitions challenging the Patna High Court giving the go-ahead to caste survey in Bihar, the Centre said that the Union of India is committed to taking all affirmative actions for the uplift of SCs/STs/SEBCs and OBCs in accordance with the provisions of the Constitution and the applicable law.
The affidavit filed by the assistant registrar with Registrar General of India in the Ministry of Home Affairs said, “I state and submit that census is a statutory process and is governed by the Census Act, 1948.
It is submitted that the subject of Census is covered in the Union List under Entry 69 in the Seventh Schedule”.
It further said, “In exercise of the powers under the said Entry, the Central Government has made the Census Act, 1948.
The said Act empowers only the Central Government to conduct the census under section 3 of the Census Act, 1948…”
Section 3 of the Census Act states:- The Central Government may, by notification in the Official Gazette, declare its intention of taking a census in the whole or any part of the territories to which this Act extends, whenever it may consider it necessary or desirable so to do, and thereupon the census shall be taken.
On August 21, the top court had told the petitioners challenging the Patna High Court order giving the go-ahead to the Bihar government for a caste survey that it would not stay the exercise unless they made out a prima facie case against it.
