Bihar Caste Survey: Centre alone can conduct census, government to Supreme Court

The Central government has told the Supreme Court that the Centre alone is “empowered” to conduct census or “any action akin to census”. This has been submitted by the Centre in connection with ongoing petitions challenging the caste-based survey in Bihar. In an affidavit, the Centre said that “no other body under the Constitution or otherwise is entitled to conduct the exercise of either Census or any action akin to census”.

The affidavit adds that “in exercise of 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”.

The Centre has further submitted that 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. The affidavit further states that the Centre is “committed to taking all affirmative actions for the upliftment of Scheduled Castes (SC), Scheduled Tribes (ST), Socially and Educationally backward classes (SEBC) and other Backward Classes (OBC) in accordance with the provisions of the Constitution of India and the applicable law”.