SC Urges Bihar Govt To Publicise Caste Survey Data

The Supreme Court has instructed the Bihar government to make the caste survey data publicly available, expressing concerns over its non-disclosure and setting a hearing date for January 29 regarding challenges to the Patna High Court's 2023 decision upholding the survey.

A bench comprising Justices Sanjiv Khanna and Dipankar Dutta is presently hearing special leave petitions lodged by non-governmental organizations Youth for Equality, Ek Soch Ek Prayas, and others. They're challenging a decision made by the Patna High Court on August 2, which upheld the Bihar government's move to conduct a caste-based survey. Notably, the court has consistently declined to issue any stay order or maintain the status quo to prevent the State from releasing or utilizing the caste survey data before a comprehensive hearing with all involved parties.

During the session, the bench informed the parties' counsel that the fundamental legal issue-the correctness of the high court's judgment-must be thoroughly examined. Meanwhile, they requested the filed survey report to be presented. Senior Advocate Raju Ramachandran urged the court to consider the petitioners' plea for interim relief in the following week, stating, "We seek to present our arguments for interim relief once we submit the census report. Urgency arises as the report is being implemented, and reservations have been altered. This matter has been contested in the Patna High Court. Given the rapid progress, this case has lingered since August. We'd like to present our case for interim relief. My only request is for the interim application to be heard next week."

"Unfortunately, that won't be possible. There are some limitations on our end as well. However, we will consider your plea," Justice Khanna responded, rejecting the senior counsel's plea for an expedited hearing. During the hearing, the judge expressed concern about the accessibility of the survey findings' breakdown to the public. "Beyond the census report, my concern is that the data breakdown isn't typically available to the public, leading to various issues. The question is, to what extent can the government withhold this data breakdown?"

Representing the Bihar government, Senior Advocate Shyam Divan interjected, "The survey is accessible in the public domain."

"If it's fully accessible, then that's a different scenario. Normally, the data breakdown should be available for individuals to challenge specific conclusions," observed Justice Khanna. He also began expressing hesitations about issuing a stay order. "Once the high court has endorsed the census activity, we wouldn't want to interfere after the census has been conducted..."

Interrupting, Solicitor General Tushar Mehta clarified, "This isn't a census as defined in our Constitution."

"That's precisely why it's illegal, My Lords," Senior Advocate Gopal Sankaranarayanan, also representing one of the petitioners, added, "The state government doesn't have the authority."

"You're correct. That was an incorrect term," Justice Khanna acknowledged in response to the solicitor general's clarification. Adjourning the hearing, he concluded, "Re-listed for the week commencing January 29, 2024."