Today, the Supreme Court granted leave to multiple petitions challenging the constitutionality of a caste-based survey conducted by the Bihar government in 2023. The next hearing is scheduled for September 4.
The bench, comprising Justices Sanjiv Khanna and Sanjay Kumar, addressed special leave petitions from NGOs Youth for Equality, Ek Soch Ek Prayas, and others, contesting a Patna High Court ruling that upheld the survey.
Previously, the Supreme Court had refused to halt the publication or implementation of the survey data, pending a detailed hearing. In January, the Court had questioned the government’s authority to withhold detailed survey data.
Senior Advocate Aparajita Singh, representing the petitioners, argued that while surveys are permissible, they cannot mandate every citizen to disclose their caste, citing the Indra Sawhney judgment. She emphasized that affirmative action existed before the survey and invoked the right to privacy, questioning whether the state can compel citizens to reveal their caste identities.
Justice Khanna responded by noting that privacy is an individual right and can be waived, pointing out that most people do not oppose disclosing their caste. Singh referenced a socio-economic caste census in Maharashtra, where 11% of respondents chose “no caste,” highlighting that the Bihar survey lacked this option and allowed authorities to seek information from neighbors, which she claimed violated privacy rights.
The bench outlined key issues for consideration, including:
- Whether state executives can conduct surveys for legislative purposes and under what circumstances such exercises are prohibited, keeping in mind the doctrine of proportionality.
- When data collection may be considered unlawful, especially if it infringes upon the Constitution’s basic structure.
- The extent to which citizens can request detailed data breakdowns or verify data authenticity and reliability.
The hearing was adjourned due to time constraints, with Senior Advocate Shyam Divan representing the State of Bihar.
Background:
Chief Minister Nitish Kumar’s Bihar government initiated the caste-based survey on January 7, 2023, aiming to digitally compile data on each family using a mobile application. The Patna High Court upheld the survey as valid and competently initiated, dismissing the petitions against it. The High Court noted that collecting relevant data is essential for designing affirmative action under Article 16 or beneficial legislation under Article 15. Subsequent petitions challenging this decision were filed in the Supreme Court.
