Introduction:

The Supreme Court, presided over by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, addressed PIL petitions challenging the constitutionality of Bihar’s caste-based survey. The court questioned the government’s stance on withholding detailed survey data and refused to grant a stay order until the matter is thoroughly examined. The ongoing legal battle stems from the Patna High Court’s decision, affirming the validity of the caste-based survey initiated by the Bihar government.

Arguments of Both Sides:

The petitioners, represented by NGOs Youth for Equality and Ek Soch Ek Prayas, contested the caste survey’s constitutionality, emphasizing privacy concerns and the absence of a legal framework justifying such an exercise. Senior Advocate CS Vaidyanathan argued that privacy rights, as established in the Puttaswamy case, must be respected, and the government’s executive order lacks the requisite legal backing. On the government’s side, Senior Advocate Shyam Divan contended that the survey results were already in the public domain. The court questioned the government’s right to withhold a detailed breakdown of the data and expressed reservations about issuing a stay order without a prima facie case.

Court’s Judgement:

The Supreme Court maintained its stance against issuing a temporary stay, insisting on a thorough examination of the high court’s judgment affirming the survey’s validity. The court, concerned about public accessibility to detailed data, sought clarity on the government’s decision to withhold certain information. Despite Senior Advocate Raju Ramachandran’s request for an urgent hearing on interim relief, the court deferred it to a later date, listing the matter for the week commencing January 29, 2024.