Supreme Court urges Bihar to release caste survey data publicly

New Delhi: The Supreme Court directed the Bihar government to make public the breakdown of the caste survey data, facilitating potential challenges to the findings.

Justices Sanjiv Khanna and Dipankar Datta declined interim relief to petitioners contesting the caste survey and Patna High Court's endorsement of the survey's legitimacy.

The court clarified its stance, noting, "There is no question of interim relief as they (the government) have a high court order in their favour. Now that the data has been put in the public domain, there are two-three aspects which remain."

Raju Ramachandaran, representing the petitioners, highlighted the government's implementation of the survey data, escalating reservations for various categories. The bench acknowledged the need for a comprehensive hearing on this issue.

Concerning the increased reservations, the court advised challenging it before the high court, emphasising the importance of legal recourse. Shyam Divan, representing the Bihar government, confirmed that the data, including the breakdown, was publicly accessible via a designated website.

Justice Khanna stressed the necessity of the entire breakdown being in the public domain, allowing challenges to its interpretation. He emphasised, "To what extent the government can withhold the data? You see, the entire break-up of data should be in the public domain so that anyone can challenge the inference drawn from it. Unless it is in the public domain, they can't challenge it."

The BJP, Bihar's primary opposition, accused the Nitish Kumar government of irregularities and dubbed the collected data as "fake."

The court instructed Divan to submit a report on the caste survey and scheduled further hearings for February 5.

Previously, the court had questioned the Bihar government's decision to publish caste survey data but hadn't restrained further disclosure. It had issued a formal notice on petitions challenging the Patna High Court's August 1, 2023 order authorising the survey.

The released survey data disclosed significant statistics: OBCs and EBCs constituted 63% of the state's population, with Yadavs being the largest caste group. Dalits comprised 19.65%, and nearly 22 lakh people belonged to Scheduled Tribes.

Various petitions, including one by 'Ek Soch Ek Paryas' NGO and Nalanda-resident Akhilesh Kumar, contended that the state's exercise contravened constitutional provisions. The Patna High Court, in its verdict, upheld the state's action as valid and aimed at equitable development.

The court's scrutiny continues amidst debates surrounding the survey's legitimacy, its impact on reservations, and its alignment with constitutional mandates.