In a significant development, the Union government declared before the Karnataka High Court on Wednesday that the state’s ongoing Social and Educational survey is essentially a census in disguise. The Centre emphasized that India’s constitutional framework dictates that only the Central government has the authority to conduct a comprehensive census under the Census Act, making the state’s endeavor a potential overreach.
This statement was made during a High Court session, presided over by Chief Justice Vibhu Bakhru and Justice C.M. Joshi. They were hearing multiple petitions questioning the legitimacy of the survey, which aims to gather detailed information on caste, religion, social standing, and educational background from all Karnataka citizens, carried out by the Karnataka State Commission for Backward Classes.
Representing the Union, Additional Solicitor-General Arvind Kamath argued that the Central government had already initiated its own census, including caste enumeration. He contended that Karnataka’s survey intrudes upon the Centre’s exclusive jurisdiction. Kamath further clarified that any state-level survey must be narrowly focused and issue-specific, rather than broad and census-like.
The Commission’s advocate asserted that citizens are not obligated to provide information to the survey enumerators. However, the Bench sharply questioned this, asking how electricity meter readers were authorized to attach identifying stickers and if the enumerators were explicitly communicating to residents that participation and disclosure of information were entirely voluntary.
In its defense, the State government maintained that up-to-date data is crucial for developing and executing effective welfare programs. They cited the Supreme Court’s stance on the Aadhaar privacy case, which allows the government to collect data for specific welfare objectives.
The court will resume its hearing on Thursday to consider the petitioners’ request to halt the survey.