Why in News?

Multiple petitions have been filed in the Supreme Court of India challenging the decision of the Patna High Court to uphold the Bihar Government's caste-based survey.

The Petitions are filed in following cases:

• Ek Soch Ek Paryas v. Union of India
• Akhilesh Kumar v. State of Bihar
• Youth for Equality v. State of Bihar

Background

• The matter pertains to the fact that the State of Bihar began the exercise in January 2023 when it conducted a physical count of all households in the state.
• The real issue arose when 3,20,000 enumerators spread out across the state to ask people their caste and 17 other socio-economic indicators, this exercise began on April 15 and was scheduled to end on May 15.
• The Government contended that the survey was voluntary and was merely for the purpose of compiling information.
• The High Court temporarily halted Bihar's ongoing survey on the ground that present is a census in the garb of a survey and census is exclusively a subject of Parliament under Census Act, 1948.
• The State Government thereafter filed a Special Leave Petition (SLP) in the Supreme Court that the High Court has stayed the caste-based survey when it is almost on verge of completion. This is causing irreparable loss to the state and would adversely affect the entire exercise.
• The Supreme Court thereafter refused to interfere with High Court's stay on Bihar Caste Survey in the case of State of Bihar and Ors. v. Youth for Equality and Ors.
• Against the above backdrop, after specifically holding that the State Government is competent to conduct such a survey, the Court noted that since the executive authority is found to be within its competence to frame a policy for better administration of the State and the policy framed is not arbitrary.
• The Patna High Court further stated that it cannot and should not overstep the limits and tinker with the policy.

Difference Between Census and Survey

• The Patna High Court differentiated the two in following manner:
  • Census: A survey that collects facts and verifiable details.
  • Survey: It collects and analysis, opinions and perceptions.
• A caste-based survey comes under the category of a Census.
• The Legislation that deals with Census is Census Act, 1948.
  • The bill for this Act was drafted by Sardar Vallabh Bhai Patel, the then Home Minister of India.
• The population census is a Union subject under Article 246 of India Constitution.
  • Census is listed at serial number 69 of the Union List, Seventh schedule of the constitution of India.

Seventh Schedule

• It deals with the division of powers between the Union government and State governments on specific subject matters. Following three kinds of the list are mentioned in the seventh schedule:
  • Union List: List I
  • State List: List II
  • Concurrent List: List III

Constitution of India – Article 246 - Subject-Matter of Laws made by Parliament and by the Legislatures of States. —

(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule in this Constitution referred to as the “Union List”.

(2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”).

(3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”).

(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included [in a State] notwithstanding that such matter is a matter enumerated in the State List.