A fresh petition was filed before the Supreme Court on Tuesday against the Bihar government`s decision to conduct a caste survey in the state, claiming the state`s action was violative of the basic structure of the Constitution.

The petition, filed by `Hindu Sena` President Vishnu Gupta, alleged the notification was “discriminatory and unconstitutional”. Other similar petitions are likely to come up for hearing before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha on January 20.

The public interest litigation (PIL) filed on Tuesday sought quashing of the notification issued by deputy secretary, government of Bihar, in respect of conducting a caste survey in the state and to restrain the authorities concerned from conducting the exercise.

The petition alleged that the notification dated June 6, 2022 violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law, adding the notification was “illegal, arbitrary, irrational and unconstitutional”. It said the notification was “illegal” since “the executive decision of Bihar government to issue the notification was without any sanction of authority/statute/ legislation”.

Also read: SC notice to Centre on plea seeking caste-based census for OBCs

The Census Act empowers only the central government to take census and the state government has no authority to undertake it on its own, it said. “The decision of the State government of Bihar to conduct caste based census has no constitutional/ statutory sanction and is an attempt to strike at the unity and integrity of the country and to create social disharmony among the people on caste lines for petty vote bank politics,” it alleged.

Earlier, a PIL was filed in the apex court through advocate Barun Kumar Sinha seeking quashing of the notification and for restraining the authorities concerned from conducting the exercise.

In another petition, a man named Akhilesh Kumar sought quashing of the notification, contending that the subject of the census falls in List 1 of the 7th Schedule of the Constitution and only the Centre has the power to hold the exercise.

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