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Legal Battle Over Bihar Caste-Based Survey: Privacy and Census Act Concerns

Legal Battle Over Bihar Caste-Based Survey: Privacy and Census Act Concerns

The Bihar government’s caste-based survey has sparked a legal battle, raising issues of privacy and legislative authority. In May, the High Court halted the survey, stating that it resembled a “census,” potentially infringing on Parliament’s powers.

The Bihar government appealed to the Supreme Court, citing privacy concerns, but the bench declined to lift the stay, emphasizing the need for a prima facie case. On August 1, the High Court upheld the survey, deeming it valid and aimed at “development with justice.”

Critics argue that the survey violates the Supreme Court’s 2017 privacy case verdict, lacking legislative backing and relying solely on an executive order. The union government highlighted that the Census Act, 1948, grants census authority exclusively to the Centre.

The legal dispute over Bihar’s caste-based survey brings into question privacy and legislative jurisdiction, awaiting further Supreme Court deliberation.