State lacks authority to hold caste census, petitioners argue in Karnataka HC
Bengaluru: The counsels representing petitioners seeking an interim stay on the Socio-Economic and Academic Survey, commonly referred to as the caste census, on Tuesday, vehemently argued in the High Court that the Congress-led government in Karnataka does not have any authority under the law to conduct such a census.
The Akhila Bharata Brahmana Mahasabha, Vokkaliga Mahasabha, and other community groups filed a PIL seeking a stay on the caste census being undertaken by the Backward Classes Commission, an independent body under the Congress-led state government.
The Division Bench headed by Chief Justice Vibhu Bakhru and Justice C.M. Joshi on Tuesday adjourned the matter to August 24 (Wednesday). The arguments by counsels representing the petitioners concluded on Tuesday, while senior counsel Abhishek Manu Singhvi will continue his arguments on Wednesday.
Senior counsel Prabhuling Navadgi, appearing for petitioners, submitted, “The state government has no authority to conduct a survey of backward classes. The Socio-Economic and Academic Survey, known as the caste survey, is being conducted without any legal backing. In Karnataka, the Backward Classes Act has been enacted, but the government is carrying out the caste census under this Act in an illegal manner. The state is attempting to survey the entire population, with information also being collected through a digital app.”
He pointed out that only the President of India has the authority to issue notifications regarding backward classes, and only Parliament has the power to include castes in the backward classes list.
Navadgi further submitted that the caste census is being conducted using GPS tagging and electricity meter registration numbers. During the survey, respondents are asked to provide Aadhaar details and complete information about the head of the family.
Senior counsel for the petitioners, Ashok Harnalli, argued that under the Constitution, the census falls under the Union List. The Centre has mechanisms in place to ensure the protection of statistics collected during a census. However, the state government has taken no measures to safeguard the data collected in this exercise. The Supreme Court has recognised the right to protect private data, and there is a serious threat of information leaks, he emphasised.
Counsel Jayakumar Patil, also appearing for the petitioners, submitted that the state government is conducting a census under the guise of the Socio-Economic and Academic Survey. “The state is usurping the powers of the Centre. It has no authority to conduct a census, yet it is carrying out an enumeration of every caste. This exercise is politically motivated and being undertaken with an eye on elections,” he argued.
Senior counsel Vivek Subbareddy stated that in the 2002 notification, 800 castes were listed, but this number has now increased to 1,561. “While our heritage is ancient, the number of castes has not grown. The government has not clarified the criteria on which these new castes were created,” he said.
He further argued that there is a specific Act for conducting a caste census, and the state has not been vested with such powers under it.
“The state has arbitrarily created new religious castes such as Banajiga Christian, Besta Christian, and others. In this manner, 35 to 40 castes have been newly added. One main caste is being split into many sub-castes, which are then listed separately in the census. The government is spending Rs 450 crore on this exercise after having previously discarded a caste census report that cost more than Rs 150 crore. There are already separate commissions for SCs, STs, and backward classes. This exercise is politically motivated. At no point in history have castes been merged with other religions,” counsel Subbareddy contended.
