Caste-based census in India has been a contentious issue for decades, with political parties and activists demanding its inclusion in the national census. The Supreme Court and various High Courts have repeatedly asked for caste data.
However, the Union Government’s refusal to conduct a caste census and its assertion that it will not release the Socio Economic Caste Census 2011 have created a logjam. This leaves state governments struggling to furnish data required by the Supreme Court and High Courts for the implementation of any new affirmative action policies. Existing policies are also facing court scrutiny as no fresh data is available.
The issue has again become heated because the Patna High Court has ordered an interim stay on the ongoing caste survey in Bihar, terming it “prima facie unconstitutional.” The court stated that the survey envisaged by the state government is virtually a census by another name and hence it impinges on the legislative powers of Parliament. The court has also directed the Nitish Kumar government to ensure that the data collected so far by enumerators does not get out.
This order has implications for various states such as Maharashtra, Chhattisgarh and Odisha, which are in the process of conducting a caste survey to fulfill the requirements of court or to augment affirmative action policies.
Also read: Caste census is important — whether you are for or against reservation
Caste census logjam
Bihar’s Chief Minister Nitish Kumar kicked off the caste survey on 7 January 2023, with the stated goal of getting a clear estimate of the financial situation of all communities to aid in developmental work. The work started after bipartisan support for collecting caste data. But the state government issued orders to stop the counting after the High Court’s stay.
The solution to this impasse lies in the hands of the Union government, which can either conduct a caste census at the national level or amend the Constitution or concurrent list to shift the responsibility to states. The Patna High Court was right to say that the state government cannot conduct a caste census, until and unless the Constitution is amended.
Earlier, the BJP’s OBC Morcha chief K. Laxman told ThePrint in an interview that the Narendra Modi government cannot conduct a caste census but suggested that states can do it. He stated that the responsibility of conducting a survey falls on the states, and once completed, the Union government can take it from there. But the Patna High Court has proven him wrong. In any case, the census is not an aggregate of state level census.
Karnataka is the only state that conducted caste enumeration in 1931. But the successive governments refrained from publishing the socio-educational and economic survey report carried out by the State Backward Classes Commission, despite parts of it being leaked to the media and in the public domain.
The Census Act 1948 and the 7th schedule of the Constitution put the responsibility for conducting the census on the Union Government. Census operations fall under the Union list, which means it has the exclusive power to make laws on this subject. As far as enumerating caste in the census is concerned, the Union government may also choose to use its residuary power, as mentioned in Article 248, to make laws on census if it believes that it is necessary to do so to address new and emerging issues.
However, the government has been reluctant to do so, citing logistical challenges and the potential for misuse of data. This legal-administrative ambiguity has put state governments in a quandary, with many of them unable to provide the required data to the courts.
Also read: No caste without code—Bihar is counting and writing a new identity politics
Responsibility of the Union government
These are four prime reasons for which caste census or any other matter related to census must remain in the domain of the Union government.
- Census operations fall under the Union list and cannot be conducted by states unless the Constitution is amended.
- The Census Act 1948 gives legal sanctity to the census and lays down guidelines for conducting it. A survey conducted by state governments may not have such legal restrictions, and hence, can be rigged easily.
- The Census Commissioner has a long history of conducting population enumeration and has developed expertise required to conduct the census, which will be a tough and complex task for state governments.
- Any census or survey conducted by states may lead to controversies, allegations and counter allegations. It may not have the sanctity and authenticity of the decennial census conducted by the Census Commissioner.
The only solution to this logjam is for the Union government to take decisive action. One way would be to conduct a caste census, which would provide accurate data on the caste distribution of the population and allow for better implementation of affirmative action policies. This move would require a significant logistical effort but it would help shape policies by providing a better understanding of caste demographics in India.
Another solution would be to amend the Constitution to shift the responsibility for conducting the census to the state or concurrent list. This would give state governments more power to collect data related to caste and other demographic factors, allowing for better implementation of affirmative action policies at the state level. This move would require a significant constitutional amendment, but it would help resolve the current logjam.
In July 2022, Dravida Munnetra Kazhagam (DMK) MP P. Wilson wrote a letter to Prime Minister Narendra Modi urging him to shift the census from the Union to the concurrent list. This, he believes, would enable states to conduct their own census and gather empirical data on OBC communities at the local body level.
I have written a letter to Hon’ble PM @narendramodi seeking to shift Census from Union List to Concurrent List by bringing Constitutional Amendment and to break deadlock in implementation of #OBCreservation in Local bodies for last 30years & remedy the injustice done to #OBC 's. pic.twitter.com/t5gGPNRs3T
— P. Wilson (@PWilsonDMK) July 3, 2022
To resolve the issue of caste-based affirmative action policies and provide a better understanding of caste demographics in India, the Union government must act. Decisive action is needed to provide a better future for India’s marginalised communities.
Dilip Mandal is the former managing editor of India Today Hindi Magazine, and has authored books on media and sociology. He tweets @Profdilipmandal. Views are personal.
(Edited by Ratan Priya)