The Collection of Statistics Act, 2008 is a significant central legislation aimed at facilitating the collection of statistics across diverse subjects. These subjects include economic, demographic, social, scientific, and environmental aspects, which are crucial for effective governance and policy-making.
In the context of this Act, the term "appropriate government" encompasses various levels of administration. This includes any ministry or department within the central government, state governments, and Union territory administrations. Additionally, it also covers local governments such as panchayats and municipalities.
State governments do have the authority to conduct censuses or surveys under specific conditions laid out in the Act. According to Section 3, state governments, Union Territory administrations, or local governments can issue directions for collecting statistics. However, they must refrain from doing so on matters specified in List I of the Seventh Schedule to the Constitution. Furthermore, central government approval is required if similar statistics are already being collected by the Centre.
Notably, the Act does not differentiate between the terms 'census' and 'survey'. In Section 2(g), both terms are used interchangeably when referring to the collection of information by the appropriate governments, which can lead to some confusion.
The issue surrounding the Bihar government’s caste survey sparked significant controversy. The central question was whether the Bihar government had the authority to conduct a caste-based survey, given that 'census' is categorized under the Union List (List I) of the Seventh Schedule. However, the Patna High Court upheld the legality of the survey, asserting that the Bihar government is entitled to collect data necessary for implementing welfare schemes and affirmative action within the state.
The Patna High Court provided insightful observations regarding the Act. While it acknowledged that 'census' falls under Entry 69 of List I, this does not prevent state governments from collecting essential data. The court emphasized that the Collection of Statistics Act does not limit the specifics a state can gather unless it intersects with ongoing central collections or pertains to matters listed in List I.
In its ruling, the court referenced Articles 15 and 16 of the Constitution, which focus on the prohibition of discrimination and the principle of equality in public employment. The court argued that if state entities can act upon these provisions—such as offering reservations—then gathering data on backward classes is a legitimate part of that process.
The stance of the Modi government is that only the central government can conduct a census as outlined in Entry 69 of the Seventh Schedule. The government asserts that census-related matters are covered under the Union List and governed by the Census Act of 1948.
The Collection of Statistics Act facilitates a broader scope of data collection, which includes census activities. Nevertheless, the conduct of a census is specifically governed by the Census Act of 1948. The Patna High Court clarified that the Census Act does not prohibit states from conducting surveys, provided they adhere to the conditions stipulated in Sections 3(b) and 3(c) of the Collection of Statistics Act.
In conclusion, the ongoing debate over who holds the authority to conduct censuses and surveys remains significant. The central government maintains its exclusive right based on the Census Act and the Union List. In contrast, the Bihar government, supported by the judgment from the Patna High Court, argues that states possess the authority to collect specific data, particularly related to welfare and affirmative action.
Q1. What is the main purpose of the Collection of Statistics Act, 2008?
Answer: The primary purpose of the Collection of Statistics Act, 2008 is to facilitate comprehensive data collection on various subjects, including economic, social, and environmental aspects, aiding effective governance.
Q2. Can state governments conduct their own surveys under this Act?
Answer: Yes, state governments can conduct surveys, but they need to follow specific guidelines and cannot overlap with central government data collections on the same issues.
Q3. What was the Patna High Court's opinion on the Bihar caste survey?
Answer: The Patna High Court upheld the Bihar caste survey, affirming that the state can collect data for welfare schemes and affirmative action, despite central government claims.
Q4. How does the Collection of Statistics Act interact with the Census Act, 1948?
Answer: While the Collection of Statistics Act allows broader data collection, the Census Act, 1948 specifically governs census activities, with the court stating states can conduct surveys under certain conditions.
Q5. What are the constitutional provisions cited in relation to the Act?
Answer: The court referenced Articles 15 and 16, emphasizing that collecting data on backward classes is vital for implementing non-discriminatory policies and reservations in public employment.
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