Supreme Court to Hear Caste Survey Challenge in September

The Supreme Court is set to hear arguments in September on challenges to the Patna High Court's approval of Bihar's caste survey. Petitioners allege privacy violations and constitutional breaches by the state. The Court will consider whether such surveys fall within the state's rights and proportionality doctrine.

The Supreme Court has scheduled the final hearing in September regarding multiple challenges to the Patna High Court's decision to uphold the Bihar government's caste survey. Justices Sanjiv Khanna and Sanjay Kumar ordered all parties to submit written arguments covering issues such as the state's authority to conduct a caste survey and the legal conditions that apply.

Senior advocate Aprajita Singh, representing the petitioners, argued that the state's action infringes on individual privacy, asserting that citizens cannot be compelled to disclose their caste. Singh cited the Supreme Court's 1992 Indra Sawhney ruling, which barred mandatory individual caste surveys.

The bench advised Singh to consider the doctrine of proportionality, which posits that public authority actions must align with their intended objectives. The Supreme Court will examine whether the executive has the right to conduct such an exercise and the extent to which it is appropriate. The Bihar government had been previously instructed to release the caste survey data for scrutiny. The data indicated OBCs and EBCs make up 63% of Bihar's population, sparking political debates ahead of the 2024 elections.