The Patna High Court has banned the caste-based population census in Bihar with immediate effect. There will be a hearing on the fire on July 3, till then a ban has been imposed on making any kind of report. This order was pronounced by the Chief Justice’s bench after 2.30 pm on Thursday. Advocates Abhinav Srivastava and Dinu Kumar appeared on behalf of the petitioner and PK Shahi, Advocate General, appeared on behalf of the Government of Bihar. In this case, the Chief Justice had asked the Advocate General that the government had to do this, so why didn’t it pass any law for this? To this, Advocate General Shahi had replied that in the Governor’s address everything was clarified on what basis it is being done and its ultimate aim is to formulate and implement schemes for the people of the state.
Hearing was held continuously from May 1 to 3
Hearing on caste-based population census was held continuously in Patna High Court on Monday, Tuesday, Wednesday that is from 1st to 3rd May. The date of Tuesday was given as the point-wise reply given by the government on the PIL was not on record. On Tuesday, the court heard the arguments of both the parties throughout the day. The people who filed the PIL were elated that the court questioned the government for not enacting a law for caste enumeration.
Know, what is the arguments of the petitioners
“The Government of Bihar is counting each and every person in the name of caste enumeration, hence it is a censusOnly the central government has the authority to conduct the census. It is not in the State List or the Concurrent List. Counting every person by telling the survey is a census and it is unconstitutional to get it done by the state government.”
“The state government is counting each and every person and in this the names of many castes are missing, while the names of many castes have been changed. In such a situation, the person who will not be counted, his fundamental rights can be snatched. The state government does not have the right to take away the fundamental rights of anyone even if they have all the documents including Aadhaar.”
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