Bengaluru, Sep 23 The division bench led by Chief Justice Vibhu Bakhru and Justice C.M. Joshi on Tuesday, while hearing petitions seeking an interim stay on the socio-economic and academic survey (commonly referred to as the caste census), sought clarity from the Karnataka government on conducting a survey of seven crore people in the state on the basis of caste.
Meanwhile, the bench adjourned the matter to Wednesday.
The Akhila Bharata Brahmana Mahasabha, Vokkaliga Mahasabha, and other community groups had filed a PIL seeking a stay on the caste census being undertaken by the Backward Classes Commission, an independent body under the Congress-led government in Karnataka.
The High Court also asked senior counsel Abhishek Manu Singhvi, appearing for the Karnataka government, about the difference between a census and a survey.
Singhvi, countering the petitioners' arguments, began by clarifying that the exercise being undertaken is not a caste census but a socio-economic and academic survey.
Counsel Singhvi said that the caste survey is aligned with the state government's policy-making process and is essential for framing social welfare projects.
He contended that granting an interim stay on the caste survey would have long-term consequences, emphasising that there has been no precedent of imposing such a stay order.
The purpose of the survey, he said, is to gather statistics, and in the absence of data, it is not possible to frame effective policies.
He further submitted that accepting the petitioners' argument -- that only the Centre has the power to conduct such surveys -- would amount to restricting the powers of the state.
He said that earlier, the state government had constituted the Havanuru and Venkataswamy Commissions, and that such an argument undermines the federal structure of the country.
The contention that only the Centre can conduct a census, Singhvi said, is incorrect and curtails the state's powers.
The Karnataka government, he said, cannot carry out selective surveys; a full-fledged survey is required to identify backward classes.
"Following amendments to the Constitution, the state has been empowered to conduct such surveys. A comprehensive survey is part of the policy-making process," Singhvi stressed.
He added that backward classes cannot be neglected "while sitting in ivory towers".
It cannot be argued, he said, that the Centre alone will conduct a survey and the state should refrain.
Citing the example of Bihar, where a caste census has already been conducted, Singhvi said that Karnataka cannot wait indefinitely for a central census, as this would weaken state administration.
He added that the State Legislature has the authority to conduct such a survey, and that caste categorisation must be based on statistics.
The outcome, he said, could influence appointments, promotions, and other matters.
Sources said that Chief Minister Siddaramaiah, anticipating a court judgment in the matter, postponed his Bihar visit by a few hours.
Siddaramaiah was scheduled to board a special flight at 5 p.m. on Tuesday, but in view of the case's importance, rescheduled it to 7:30 p.m.
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