Patna High Court.
– Photo: Amar Ujala
Expansion
Asking the caste of every person in the state, recording all its information in the form of census record is unconstitutional and the petition filed in the Supreme Court stating that it is a conspiracy to rename or delete castes, had the effect that in Patna High Court, instead of May 4, 1 The petition was scheduled to come up for hearing on May. But, the hearing was postponed on Monday as well. Now Tuesday’s date has been received. After the hearing, the Patna High Court will decide whether Chief Minister Nitish Kumar’s dream project of caste-based enumeration is constitutional or unconstitutional.
Complete GK of caste census on just one click
Why the hearing was postponed today, know the reason too
The petitioner had appealed for an early hearing, on the basis of which Monday’s date was granted. On Monday, both the parties were before the Bench in the High Court. Along with lakhs of people of the state, the government was also eyeing the hearing of this case. But, even before the commencement of the hearing, it came to light that point by point answers to the questions raised in the 396, 400 and 360 page petitions were not on record before the court. Apart from three PILs, there are separate cases from Bhumihar, Kurmi, Transgender, Bengali community. Further debate would have taken place on the point-by-point written government reply to the petitions, but due to non-existence of records, the hearing was adjourned for Tuesday.
Process will stop if deemed unconstitutional
If the Patna High Court considers it within the purview of the constitution and under the jurisdiction of the state, then after May 15, the caste census report will be prepared and if it is considered unconstitutional, then the state government will be forced to cancel the entire process. Whatever be the verdict, both the parties will still have the right to approach the Supreme Court.
Before stay granted or refused on caste count, know which side’s argument
Bench will hear the petition
On Tuesday, a division bench of Patna High Court Chief Justice Krishnan Vinod Chandran and Justice Madhuresh Prasad will hear the petition. Advocate General P.K. Shahi will argue on behalf of the state government that the caste-based enumeration is such a survey, through which the government will be able to take policy decisions while extracting the right number of beneficiaries. It will be argued by the government that on the basis of the records prepared through this survey, there is a plan to take schemes and facilities to every person of the state. On the other hand, Supreme Court advocate Aparajita Singh and High Court advocate Dinu Kumar, on behalf of the petitioners, will argue that the state government does not have the right to conduct a census under the Constitution and in the name of caste enumeration, the government prepares records by asking the caste of every person in the state. Still working. This will divide the society and anarchy will spread. The High Court can give a one-line decision on this petition for the time being.
