Caste Census and the Constitution: Analyzing the Legal and Political Dimensions of Bihar & Karnataka

Over the course of several centuries, caste has been an essential component of India’s social structure. Finding out how many people belong to each caste can assist the government in formulating policies that are equitable and in allocating resources in the most effective manner. Recent years have seen a number of states, including Karnataka and Bihar, conduct their very own caste surveys. Additionally, there is a growing demand for a comprehensive caste census to be conducted at the national level.

The purpose of this article is to investigate whether or not the Constitution permits such a census, as well as the important legal elements that are involved and the landmark court decisions that define this discussion. In order for everybody to be able to follow the conversation, the goal is to express these complicated ideas in language that is easy to understand.

The Provisions of the Constitution

Although the government is required to count the castes of all citizens in the routine census, the Constitution of India does not specifically mandate this to be done. On the other hand, it does contain a provision known as Article 340, which specifies that the President has the authority to establish a commission that will investigate the circumstances of socially and educationally disadvantaged classes and provide recommendations for how to improve their status.

According to the Indian National Congress, this was the legal basis for the Mandal Commission, which was established in 1979 with the purpose of gaining an understanding of the backward classes and making recommendations regarding reservation practices.

Article 46, which is a component of the Directive Principles of State Policy, instructs the state to advance the educational and economic interests of weaker sections, which includes castes that have been historically disadvantaged. Although the Directive Principles are not legally binding, they serve as a guide for legislators as they formulate laws with the intention of achieving social justice.

Commissions for Backward Classes and Article 340 of the Constitution

According to paragraph one of Article 340, the President has the authority to form a commission that will “investigate the conditions of socially and educationally backward classes” and make recommendations regarding how these classes can be improved as Drishti IAS.

With Bindeshwar Prasad Mandal serving as its chairman, the Second Backward Classes Commission, often known as the Mandal Commission, was the most well-known organization to make advantage of this clause. It was the report of the commission that resulted in the well-known reservation of 27% of positions in central government occupations and educational institutions for members of Other Backward Classes (OBCs).

One of the more recent commissions established under Article 340 was the Rohini Commission, which was established in 2017 with the purpose of sub-categorizing OBCs and evaluating the manner in which quota benefits were distributed among various castes. Its complete report, which was submitted in 2023, ran into multiple extensions, but in the end, it emphasized the necessity of having current and reliable data on caste populations in order to make effective suggestions .

Pronouncements of Noteworthy Judicial Moments

The Supreme Court has been essential in determining the extent to which affirmative action can be implemented and the parameters under which it can be implemented. Indra Sawhney and Others v. Union of India (1992), generally referred to as the Mandal ruling, is widely considered to be the most significant case in this particular field.

A bench consisting of nine judges decided that caste is a valid indicator of social backwardness and supported a reservation of 27% of central services positions for over-represented groups (OBCs). In addition, the Court decided that the overall number of reservations should not exceed fifty percent of the available seats or posts. This was done in order to strike a balance between social fairness and merit and .

In its decision, the Supreme Court established eleven criteria to evaluate backwardness and proposed the concept of the “creamy layer” as a means of excluding more affluent members of backward classes from receiving reservation advantages. Since that time, this decision has continuously served as a guiding principle for reservation policy, with frequent updates to the income threshold for the creamy layer .

Another important decision was made in the matter of M. Nagaraj (2006), in which the Supreme Court affirmed the 50% cap and mandated that any state that wanted to exceed it must produce empirical facts establishing the need for more reservations. This decision reaffirmed the notion that any modifications to reservation limits must be supported by substantial evidence and be able to bear the scrutiny of the judicial system.

Discussion Regarding the Caste Census

Since 1931, India has been operating without credible data on other minority communities (OBCs) and other communities, according to those who are in favor of a thorough caste census. With the exception of Scheduled Castes and Scheduled Tribes, which have been tallied consecutively since 1951, other communities have not had a definitive headcount determined. It is vital, according to proponents, to have complete statistics in order to construct welfare programs that accurately represent the composition of the community.

On the other hand, critics caution that placing an excessive amount of emphasis on caste classifications might exacerbate existing social divisions and may be exploited for political gain. There is also the challenge of gathering correct data across India’s enormous and diverse population, which presents problems from a logistical standpoint. Rather than being a vehicle for true social development, some people are concerned that a caste census could become a weapon for vote-bank politics.

Current Surveys of the State

Approximately 63% of the population of Bihar is comprised of members of the Other Backward Classes (OBCs) and Extremely Backward Classes, according to the results of a caste-based socio-economic survey that was conducted in 2022. According to Insights IAS The Wire, the state made an effort to increase reservations to 65%; however, in 2024, the Patna High Court reversed this decision since it violated the limit of 50% that had been established by the Supreme Court.

After Karnataka finished its socio-economic and educational survey in 2015, the state’s report, which was made public at the beginning of 2024, suggested increasing the percentage of reservations for OBCs from 32 percent to 51 percent. The implementation has been postponed by the state administration in order to prevent exceeding the 50% ceiling set . The government is also seeking additional research and legal assistance.

Restrictions on Reservations Under the Constitution

Under Articles 15(4) and 16(4) of the Constitution, affirmative action is permitted, which means that the state is able to create special provisions for disadvantaged groups in the areas of education and employment. However, in the case of Indra Sawhney, the Supreme Court interpreted these clauses to include the fifty percent restriction, despite the fact that the Constitution does not establish any numerical limit .

There are states like Tamil Nadu that have reservation percentages that are more than fifty percent, and this is due to historical agreements and unique state regulations. These are exceptions that have been validated by the courts due to the fact that they predate the Constitution of 1950 or originate from one-of-a-kind domestic arrangements. According to India Today, any new endeavor by a state to go above fifty percent must pass stringent tests of necessity and reasonableness, and it must be supported by empirical data.

Various Possible Interpretations of the Law

In the event that the government of the Union makes the decision to incorporate a caste enumeration question into the subsequent national census, it is required to demonstrate that this move is in accordance with constitutional mandates and does not violate basic rights. However, there is no clear constitutional clause that allows for the counting of other castes.

The authority to organize the census is derived from Articles 341 and 342 for the Scheduled Castes and Scheduled Tribes. It is possible that the government may utilize Article 340 as a “springboard” to justify the exercise; however, it is possible that it will be challenged in court

Whether or not the census places an excessive amount of emphasis on caste identity, which could be a violation of Articles 14 (equality before the law) and 15 (no discrimination), would most certainly be the primary subject of any legal challenge.

A further question that would be investigated by the courts is whether the collecting of data is truly intended to achieve social fairness or whether it is being done for political purposes. If you want to survive legal examination, it is important to have empirical data and to be transparent about your aim, according to previous verdicts.

Possible Consequences for Politics and Society

The rhetoric around reservations would be reshaped by a thorough caste census, which may potentially drive requests to modify existing quotas and the cap which is set at fifty percent. The new data may be utilized by political parties in order to make adjustments to their electoral tactics, as caste compositions frequently have an impact on voting trends.

In terms of society, a more accurate depiction of caste populations may result in welfare programs that are more specifically targeted, but it may also inflame politics that are based on identity.

The results of state surveys have already had an impact on the policy debates and election campaigns in the states of Bihar and Karnataka. A caste census carried out on a national scale has the potential to bring about a reevaluation of well-established arrangements, such as those in Tamil Nadu, and to alter the distribution of power among communities across the country.

Final Thoughts

Through the implementation of constitutional legislation, social justice, and political strategy, the concept of a caste census in India is brought together. In spite of the fact that the Constitution has provisions such as Article 340 for the purpose of researching backward classes, the Supreme Court has limited reservations to fifty percent and emphasized the importance of scientific evidence for any increase.

When it comes to collecting and utilizing caste data, states such as Bihar and Karnataka highlight the legal and political tightrope that must be walked. Any attempt to carry out a comprehensive caste enumeration at the national level will require a strong constitutional justification, effective data-handling processes, and transparent aims that are centered on social equality rather than political advantage.

When it comes to making significant progress toward equality, it is crucial to strike a balance between these interests in a democracy as varied as India.