Terming the census as a statutory exercise governed by the Census Act, 1948, the Centre has told the Supreme Court that it is the only body that can conduct a census or “any action akin to a census”.
In an affidavit filed in response to petitions challenging the caste census in Bihar, the Union Government submitted that the Census Act, 1948, was enacted in the exercise of the powers under Entry 69 of List I of the Seventh Schedule of the Constitution which enumerates the subjects on which Parliament was authorised to make laws.
Noting that the Census Act empowered only the Centre to conduct a census, it said no other body under the Constitution or otherwise was entitled to conduct the exercise of either a census or any action akin to a census.
“The central government is committed to taking all affirmative action for the upliftment of Scheduled Castes (SC), Scheduled Tribes (ST), Socially and Educationally Backward Classes (SEBC) and Other Backward Classes (OBC) in accordance with the provisions of the Constitution of India and the applicable law,” the Centre added.
Last week, Solicitor General Tushar Mehta had sought time to place the legal position of the Central government on record. “This may have some ramifications. Please consider my request to place on record my view – not that I am opposing one side or the other – on the legal position of this,” Mehta had told the apex court.
