New Delhi, Aug 7 : The Supreme Court on Monday adjourned hearing a clutch of petitions against Patna High Court’s order dismissing pleas challenging the caste-based survey in Bihar
A bench comprising Justices Sanjiv Khanna and S.V.N Bhatti refused to pass any interim direction to the Bihar government to halt the survey process, which was resumed by the state government following the High Court verdict passed on last Tuesday.
“No question of status quo. We haven’t even issued notice. We haven’t heard you,” the bench told one of the counsels appearing in the case.
The top court agreed to re-list the matter on August 14 after it was told that the entire batch of petitions was not listed on Monday for hearing.
The special leave petitions filed before the Supreme Court said that only the Union has the authority to conduct Census in India and the State Government had no authority to decide and notify the conduct of caste-based survey in State of Bihar.
The pleas contended that the State legislatures do not have any power to legislate in relation to taking of Census either under Schedule VIIth of Constitution or under the various Statutory provisions because only the Union has power to legislate in relation to Census as it is an Entry at 69 of List 1 (Union List).
In its decision passed on August 1, the Patna High Court, while dismissing the batch of pleas, gave a green signal to the Nitish Kumar-led state government’s decision to conduct the survey in Bihar.
Earlier, the Patna High Court had ordered an interim stay on the survey which had started on January 7 this year and was scheduled to be completed on May 15.
Pertinently, 80% of the work was completed when the caste based survey was stayed by an interim direction of the Patna high court on May 4.
“We find the action of the State to be perfectly valid, initiated with due competence, with the legitimate aim of providing ‘Development with Justice’,” said the High Court later while dismissing the batch of pleas.
