Hearing seeking interim stay on census adjourned to Tuesday

Bengaluru: The Karnataka High Court on Monday adjourned to Tuesday the hearing on a batch of petitions seeking an interim stay on the state government’s ongoing caste census. The matter came up before a division bench comprising Chief Justice N.V. Anjaria and Justice C.M. Joshi. The petitions were filed by the Veerashaiva Lingayat Mahasabha, the All Karnataka Brahmin Mahasabha, and the State Vokkaliga Association, challenging the survey being carried out under the Karnataka Backward Classes Commission.

During the hearing, the court observed that it was considering the appointment of an amicus curiae to assist in the matter. Senior counsels Prabhuling Navadgi, Vivek Subbareddy, and Ashok Haranahalli represented the petitioners, while Additional Solicitor General Arvind Kamath appeared for the Union government. Advocate General Shashikiran Shetty and senior advocate Abhishek Manu Singhvi argued for the Karnataka government. The Veerashaiva Lingayat Mahasabha argued that the state had launched the survey under the guise of a “social and educational survey” but was, in fact, conducting a caste-based enumeration. They claimed this violated Article 342 of the Constitution and encroached on the Union government’s authority to conduct population censuses. They also pointed out that Aadhaar details were being made mandatory for the survey, raising privacy and misuse concerns. Referring to the earlier caste survey conducted by the state, the petitioners argued that no decisive action had been taken on that data, yet the government had proceeded with another survey.

The Vokkaliga Association said the current enumeration blurred the line between a social survey and a caste census. They alleged that the government had gone so far as to create “new castes” such as Vokkaliga Christians and Brahmin Christians without empirical basis.

Countering the petitions, Advocate General Shetty argued that the present exercise was not a “census” but a survey under the Backward Classes Act, in line with the Indira Sawhney judgment, which permits states to collect data on social and economic backwardness. He said the survey, launched on Monday and scheduled to continue till October 6, was already underway, with overRs450 crore allocated for it. With Dasara holidays in force, teachers and ASHA workers were being engaged to complete the work.

“This is not population census. It is only a socio-educational survey to update the 2014-2016 exercise, which had submitted its report in 2024. Interim orders were not granted in similar cases earlier, and no such stay should be granted now,” he submitted. The Centre, through ASG Arvind Kamath, maintained its opposition, arguing that the Karnataka survey was in effect a parallel caste census, an exercise constitutionally reserved for the Union.

The bench noted that if the survey were allowed to proceed, data would be irretrievably collected, potentially rendering the petitions infructuous.

“Once enumeration is done, it cannot be undone,” the court remarked, adding that the petitioners’ concerns appeared to carry merit. The matter will now be taken up on Tuesday at 2:30 p.m., when the bench will specifically consider whether to grant an interim stay on the ongoing exercise.