SC asks govt to file report on Bihar caste survey: ’Break-up of data should be in public domain’

The Supreme Court on Tuesday asked the Bihar government to put the break-up of the caste survey data in the public domain so that those aggrieved can challenge the findings. A bench of Justices Sanjiv Khanna and Dipankar Datta were hearing a batch of pleas challenging the caste survey in Bihar on Tuesday.

“Anyone challenging an inference has to have that particular data,” the Supreme Court was quoted by Bar and Bench as saying.

What was the government's stance?

Advocate Shyam Divan, appearing for the Bihar government, said the data, including the break-up, has been put in the public domain and anyone can see it on the designated website. Meanwhile, Solicitor General Tushar Mehta said, "It is not a census", but a survey.

Justice Khanna said, “What I am more worried about is the availability of break-up of data. To what extent the government can withhold the data.” 

"You see, the entire break-up of data should be in the public domain so that anyone can challenge the inference drawn from it. Unless it is in the public domain, they can't challenge it," Justice Khanna said.

Meanwhile, Justice Khanna was quoted by Live Law as saying, “What I was concerned about more than census report is that the breakdown of data is not normally made available to the public, which leads to a lot of problems…”

“It is in the public domain and being studied,” Divan said. To this, Justice Khanna reportedly said, “If it is available fully, then that's a different matter. The break-up of data should normally be made available to allow people to challenge a particular inference.”

What did the petitioners say?

Senior advocate Raju Ramachandaran, appearing for the petitioners, said that since the survey data is out, the authorities have already started implementing it in the interim and raised the reservation for SCs, STs, Other Backward Classes, Extremely Backward Classes, and Economically Weaker Sections (EWS) to a total of 75 per cent from the existing 50 per cent.

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The bench then told Ramachandaran, “As far as increasing the reservation is concerned, you have to challenge it before the high court.” The advocate added that it has already been contested before the high court.

Ramachandaran said the issue is important, and since the state government is acting upon the data, the matter be listed next week so that the petitioners can argue for interim relief. 

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What was the SC ruling?

The bench refused to grant any interim relief to the petitioners who challenged the caste survey and the Patna High Court order upholding the Bihar government’s decision to conduct such an exercise. "What interim relief? They (the Bihar government) have a high court judgement in their favour," the bench said.

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"There is no question of interim relief as they (the government) have a high court order in their favour. Now that the data has been put in public domain, there are two-three aspects which remain. First is the legal issue – correctness of the high court judgement and legality of such an exercise," the bench was quoted by PTI as saying.

The bench also asked the Bihar government to file a report on the caste survey and posted the matter for further hearing on February 5.

What has happened so far

On October 6, 2023, the Supreme Court had questioned the Bihar government as to why it published its caste survey data. It had, however, refused to restrain the state government from making public further data, and said it may examine if the state has the power to conduct such an exercise.

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It had issued a formal notice on a batch of pleas challenging the August 1, 2023 order of the Patna High Court that gave the go-ahead for the caste survey in Bihar. It rejected the petitioners' contention that the state government has already published some data preempting a stay. They had sought a complete stay on further publication of data.

On October 2, 2023, the Nitish Kumar government had released the findings of the caste survey. On August 7, 2023, the Supreme Court had refused to stay the high court's order giving the go-ahead for the caste survey.

Besides a plea by NGO 'Ek Soch Ek Paryas', several other petitions have been filed, including one by Nalanda-resident Akhilesh Kumar, who has contended that the notification issued by the state government for the exercise is against the constitutional mandate.

Kumar's petition says, according to the constitutional mandate, only the Union government is empowered to conduct a census. The high court had said in its 101-page verdict, "We find the action of the state to be perfectly valid, initiated with due competence with the legitimate aim of providing development with justice."

(With inputs from PTI)