Supreme Court to hear fresh plea challenging caste survey in Bihar on Apr 28

A bench of the Supreme Court, headed by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chadrachud agreed to hear the fresh plea on April 28.

A counsel mentioned the matter before the Apex Court's CJI led bench, saying that the caste survey in Bihar was started on April 15, and is scheduled to end on May 15. "So please hear our petition and pass appropriate directions and or orders to the State of Bihar."

"We will list and hear your petition on April 28, Friday," the CJI led bench of the Top Court said today, after hearing the fresh mention by the lawyer with respect to the caste based census in Bihar.

The fresh plea complained that such a census can be conducted only by the central government, besides flagging other issues.

The plea claimed that the move fell under the domain of the Centre and is against the Basic Structure of the Constitution.

The fresh petition filed before the Supreme Court said that the Bihar government’s decision to conduct a caste survey in the state, was violative and claimed that it was against the very basic structure of the Indian Constitution.

The fresh petition, alleged that the notification was “discriminatory and unconstitutional”.

The fresh plea sought quashing of the notification issued by deputy secretary, government of Bihar, in respect of conducting a caste survey in the state and to refrain the authorities concerned from conducting the exercise.

"The notification of June 6, 2022, violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law, adding that it was “illegal, arbitrary, unconstitutional and irrational," the fresh plea claimed.

Earlier on January 20, this year, the Supreme Court in its order had refused to entertain a similar PIL (Public Interest Litigation) challenging caste-census in Bihar and asked the petitioner to approach the Patna High Court first.

The Supreme court had passed the order, on January 20, after hearing a petition challenging the caste-based census being conducted by the Bihar government.