‘80% Work Complete, 10% Pending in Some Districts’: Bihar Govt Moves SC Challenging Stay on Caste Survey

The Nitish Kumar-led Bihar authorities stated assortment of caste knowledge is a constitutional mandate below articles 15 and 16. (Picture: PTI/File)

In its particular depart petition, the Bihar authorities acknowledged that the Patna HC erroneously examined the deserves of the case on the interim stage and touched upon the legislative competence of the state

The Nitish Kumar-led authorities in Bihar has moved the Supreme Court docket difficult the Patna Excessive Court docket’s order to remain the continued caste-based survey. The state authorities’s attraction earlier than the SC acknowledged that the excessive court docket erroneously examined the deserves of the case on the interim stage and touched upon the legislative competence of the state.

Earlier this week, the HC had rejected the state’s plea for an early listening to within the case. The division bench of Chief Justice KV Chandran had stated the listening to will happen on July 3. “The state has already accomplished greater than 80% of the survey work; in some districts, lower than 10% of the work is pending. Your complete equipment is on the floor stage and there’s no hurt in finishing the train, topic to remaining adjudication of the dispute. The time hole to finish the survey will adversely have an effect on it since this won’t be contemporaneous knowledge… The keep on the gathering of information itself will trigger an enormous loss to the state since lastly the motion of the state is upheld, the state will likely be required to place logistics in place with further expenditure…,” the plea acknowledged.

It additional acknowledged that the gathering of caste-based knowledge is a constitutional mandate below articles 15 and 16 aside from different provisions as defined within the counter-affidavit of the state. “The provisions of the Act could be successfully applied solely when the state has knowledge based mostly on caste,” acknowledged the particular depart petition (SLP) by the federal government, filed by advocate-on-record Manish Kumar.

“The a hundred and fifth constitutional modification reaffirms the facility of the state for identification of caste below Article 342A. This may be achieved if the state has contemporaneous knowledge on caste within the state,” the SLP submitted.

The state authorities has additionally challenged the findings of the Patna HC that its survey quantities to a census. The SLP stated the facility of the state to hold out such a survey is traceable to varied entries of Checklist III, Half 3 and Half 4 of the Structure.

Bihar advocate common PK Shahi instructed CNN-News18, “At present, we now have filed a petition towards the interim order of Patna Excessive Court docket on the caste-based survey. We have now questioned the excessive court docket’s order stalling the caste survey. We are going to attempt to expedite the acceptance of our petition. It’s as much as the CJI to determine the date of listening to, since we now have filed the petition right now, we are going to attempt to expedite it.”

Guru Prakash, spokesperson for the BJP, referred to as it a political gimmick. “The caste census can’t be the one barometer to evaluate your dedication to the marginalised sections, it’s a symbolic and outdated gesture. It’s due to the Nitish Kumar-led authorities that 1000’s of marginalised individuals are struggling because of the prohibition coverage. Nitish Kumar is simply making an attempt to take political leverage as a substitute of strolling the discuss,” he stated.

The Bihar authorities started its caste-based survey on January 7, estimated to value Rs 500 crore. The primary spherical was held between January 7 and 21, and the continued spherical started on April 16 and was to finish on Might 15. In January, an SC bench of Justices BR Gavai and Vikram Nath had refused to entertain three PILs difficult the state’s resolution to provoke the caste survey. That bench had, nonetheless, granted liberty to the petitioners to strategy the Patna HC.

Subsequently, the HC in its order dated Might 4, held that the survey is definitely a census and might solely be carried out by the central authorities. The surveys had been, due to this fact, placed on maintain until July 3, which is the subsequent date of listening to within the case.

“Prima facie, we’re of the opinion that the state has no energy to hold out a caste-based survey, within the method through which it’s original now, which might quantity to a census, thus impinging upon the legislative energy of the union parliament,” the court docket had stated.

On Might 9, the bench of Chief Justice Chandran and Justice Madhuresh Prasad rejected the state authorities’s utility praying to expedite the listening to of writ pleas difficult the caste-based survey in Bihar. On Might 11, the federal government filed an SLP earlier than the SC difficult the Patna HC order.

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