Supreme Court junks PILs against Bihar government’s decision to hold caste census

NEW DELHI: The Supreme Court on Friday refused to entertain PILs against the Bihar government for taking a decision to conduct caste census in the state and termed the petitions as ‘publicity interest litigations’.
A bench of Justices B R Gavai and Vikram Nath raised questions at outset of hearing on how the state government would grant reservation if such an exercise was not conducted and made it clear that it won’t entertain the petitions. It said the petitioners can approach the Patna high court, if they wanted. “This is a publicity interest litigation. If we allow this then how will they determine how much reservation to be given. You want to withdraw? Go and file before the high court,” the bench observed.
Sensing the mood of the bench, the lawyers agreed to withdraw the petition and approach the HC.
The petitioners had challenged the Bihar government notification issued in June last year for caste census and contended that it was violative of the right to equality before law and holding caste-based census was against the basic structure of the Constitution. They submitted that the government is under a Constitutional obligation to eradicate caste-based discrimination and to build casteless society and there is no provision in the Constitution regarding caste configurations.
They said a central legislation was needed for holding caste census and states cannot go about it on their own.