The Patna High Court has recently overturned its previous stay on Bihar's caste-based survey, affirming its validity. This survey aims to gather caste-related data crucial for the holistic development of the state.
The court applied the triple-requirement test from the Puttaswamy case to tackle privacy concerns effectively. It emphasized that fundamental rights can be limited if doing so serves the legitimate interests of the state, provided the measures are proportionate and reasonable.
Bihar's assurances regarding robust security measures for data protection were recognized by the court. The voluntary nature of the survey was underscored, clarifying that the data collected aims to identify economic and social aspects vital for the upliftment of various communities.
Petitioners raised concerns, arguing that only the Union government possesses the authority to conduct a "census" as stipulated in the Constitution's Seventh Schedule. However, the Concurrent List grants both Union and State governments legislative power over economic and social planning.
Entry 20 of the Concurrent List empowers both Union and State governments to legislate on economic and social planning matters. This alignment with economic and social planning goals likely influenced the court's decision to validate the survey.
While the Union List's Entry 69 provides exclusive census powers to the Central government, the specific purpose of this survey—to collect caste-related data for state-level planning—differentiates it from a comprehensive population census. This distinction played a crucial role in the court's ruling.
The court deemed the survey "perfectly valid," citing its competent initiation and its aim to provide development with justice. The survey's alignment with compelling public and state interests indicates that it does not infringe upon individual privacy rights. This ruling reflects a careful consideration of both legal aspects and the survey's purpose, emphasizing its importance in achieving state development goals within the legislative framework.
Q1. What is the purpose of the Bihar caste-based survey?
Answer: The Bihar caste-based survey aims to collect caste-related data to facilitate holistic state development and uplift communities by identifying economic and social needs.
Q2. How did the Patna High Court address privacy concerns?
Answer: The court applied the Puttaswamy case's triple-requirement test, stating that fundamental rights may be restricted to serve legitimate state interests if done proportionately and reasonably.
Q3. Who has the authority to conduct a census in India?
Answer: The Union government holds exclusive census powers under Entry 69 of the Union List; however, state governments can conduct surveys for specific purposes like caste-related data collection.
Q4. What legal framework supports the Bihar caste survey?
Answer: The survey aligns with Entry 20 of the Concurrent List, which empowers both Union and State governments to legislate on economic and social planning, supporting its validity.
Q5. Why is the survey considered voluntary?
Answer: The survey is voluntary, meaning individuals can choose whether to participate, ensuring their privacy while aiming to collect data for community upliftment.
Question 1: What was the outcome of the Patna High Court's ruling on the Bihar caste-based survey?
A) The survey was declared invalid
B) The survey was validated
C) The survey was suspended
D) The survey was modified
Correct Answer: B
Question 2: What legal test did the Patna High Court use to assess privacy concerns?
A) Fundamental Rights Test
B) Puttaswamy Triple-Requirement Test
C) Constitutional Validity Test
D) Census Authority Test
Correct Answer: B
Question 3: Which constitutional entry empowers both Union and State governments for economic planning?
A) Entry 69
B) Entry 20
C) Entry 15
D) Entry 45
Correct Answer: B
Question 4: How does the Bihar caste survey differ from a census?
A) It collects demographic data
B) It is mandatory
C) It focuses on caste-related data
D) It is conducted by private entities
Correct Answer: C
Question 5: What is a key assurance provided by Bihar regarding the survey?
A) It will be conducted by the Union government
B) It will include all residents
C) It will have robust data protection measures
D) It will be mandatory for all
Correct Answer: C
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