Bihar Caste-Based Survey: SC Judge Justice Sanjay Karol Recuses From Hearing The Matter

The Supreme Court judge Justice Sanjay Karol on Wednesday recused himself from hearing the petition filed by the State of Bihar challenging the Patna High Court’s interim order staying the Bihar Government’s decision to conduct a caste-based survey.

Justice Karol, who served as Chief Justice of the Patna High Court before being elevated to the Supreme Court on February 6, stated that he handled the matter at the High Court. The petition was heard today before a bench consisting of Justices BR Gavai and Sanjay Karol.

Senior Advocate Shyam Divan, appearing on behalf of the State Government, requested permission to seek urgent listing tomorrow. The bench agreed.

According to the High Court, the caste-based survey amounts to a census, which the State Government does not have the authority to conduct.

“Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, which would amount to a census, thus impinging on the legislative power of the Union Parliament,” the bench stated.

The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad noted that the right to privacy is also a concern in the case.

“We also see from the notification issued that the Government intends to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party which is also a matter of great concern,” the bench noted.

The matter is scheduled to be heard by the High Court on 3rd July, 2023.

The decision came six days after the Supreme Court directed the Patna High Court to consider, decide, and dispose of the interim application of ‘Youth for Equality’ (petitioner before the High Court) as soon as possible, preferably within three days of the application’s filing and mention before the Chief Justice of the High Court.

On January 7, 2023, the Bihar government launched the caste survey. The plan is to digitally compile data on each family in the survey from the panchayat to the district level using a mobile application.

The petitioner essentially seeks to overturn the State Government’s notification on the grounds that the subject of the census is listed in List 1 of the Seventh Schedule to the Indian Constitution and that only the Union Government is authorized to conduct the census.