Karnataka High Court heard petitions against the ongoing caste census but deferred interim relief, with arguments focusing on its legality and scope.
Petitioners claimed the exercise was politically driven and unconstitutional, while the state argued it was essential for welfare and backed by judicial precedent.
The court raised concerns over geo-tagging, Aadhaar use, and voluntariness of participation, as the Centre insisted only its census is legally authoritative.
Karnataka HC Hears Challenges to State’s Caste Census, Reserves Relief
Bench questions legal basis of survey methods as petitioners allege political motives, while state defends exercise as vital for welfare planning.
Summary
On Wednesday, the Karnataka High Court heard in-depth arguments over a batch of petitions contesting the legitimacy of the current Social and Educational Survey, also referred to as the "caste census."
Instead of issuing any temporary relief, a division bench made up of Chief Justice Vibhu Bakhru and Justice C M Joshi postponed the case to Thursday.
The state's senior advocate, Abhishek Manu Singhvi, contended that the petitions were essentially an attempt to stop the government's use of power rather than specifically addressing any constitutional clauses or parts of the Karnataka State Commission for Backwards Classes Act, 1995.
He insisted that the petitioners' objections were broad claims that the poll was "unscientific," which could only be investigated after the findings were made public.
Singhvi also used the Puttaswamy ruling from the Supreme Court to support his claim that governments have the authority to collect data for social programs, emphasising that "data mining" issues only surface when such data is disclosed to private organisations.
Citing the abrupt rise in cases and purported political motivations, the judgment explained that the petitioners were challenging the mode of execution rather than the government's right to conduct surveys.
Singhvi responded that states do not have to wait for the Centre's exercise, which may take years to finish, when the court brought up the question of overlap with the Union government's caste census.
Appearing for the Union government, Additional Solicitor General Arvind Kamath contended that the constitutional framework recognises only a central census as an authoritative source of demographic data.
Kamath described Karnataka’s effort as “a census disguised as a survey” and argued that a valid survey must be issue-specific, unlike the present enumeration, which, he claimed, treads into the Centre’s domain.
The Commission’s counsel defended the updated caste list, explaining that many communities had complained of exclusions during the previous survey.
He said geo-tagging of houses was undertaken, while Aadhaar was used only to verify household heads and prevent duplication.
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The bench, however, questioned the legal basis for placing geo-tag stickers and whether residents could be penalised for removing them. It also sought clarification on whether surveyors were mandated to inform households that participation was voluntary.
The Vokkaligara Sangha, Akhila Karnataka Brahmana Mahasabha, and Veerashaiva Lingayat Mahasabha were among the petitioners who contended that although the state has the power to create welfare programs for the underprivileged, it is not authorised to conduct a caste-based census. They said that the rushed exercise was "politically motivated" and that there was just a seven-day opportunity for objections.
Under the leadership of Chief Minister Siddaramaiah, the state administration has justified the enumeration as essential to the creation of welfare programs. The exercise, which has been allocated about Rs 420 crore, is being conducted door-to-door by enumerators.
With PTI inputs.
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