Caste-Based Survey by Bihar and The Seventh Schedule of the Indian Constitution

• Context (TH): The Bihar caste survey showed that the Other Backward Classes and the Extremely Backward Classes constituted 63% of the State’s population.
• According to the report
  • The population of Bihar is 13.07 crore.
  • Hindus comprise 81.9% of the population, while the Muslim share is 17.7%.

Class/Caste	Population (%)
Other Backward Class (OBC)	27.1%
Extremely Backward Class (EBC)	36.01%.
Scheduled Caste	19.6%
Scheduled Tribe	1.68%
General Caste population	15.5%.

• This caste census may lead to the demand for the caste census at an all-India level.
• It may lead to division among OBCs at the national level.
• The Rohini Commission may propose division among OBCs as:
  1. Annexure I [EBC (Extremely Backward Classes)/MBC (Most Backward Classes)/BC1]
  2. Annexure II (OBC/BC2)

Arguments in Favour of Caste Census

• The caste data will help the government:
  • To determine who requires affirmative action.
  • To take affirmative steps in favour of disadvantaged sections of society.
  • To assess the effectiveness of affirmative action.
  • To make evidence-based policies.
• The data on caste is necessary to analyse, monitor and eradicate the caste.

Arguments against the Caste Census

• It may deepen the caste system and shift the focus away from casteless society.
• Caste may play a decisive role in politics.

Caste Census and Muslims

• The survey showed a caste system among Muslims in the State.
• Disadvantaged among Muslims may demand the reservation.

Effect on Reservation

• In the Indira Sawhney vs. Union of India case (1992), the SC accepted the 50% ceiling on reservations in jobs and educational institutions.
• This caste census can open the door for challenging the ceiling of 50% reservations in jobs and educational institutions.

In the EWS quota case, Justice Dinesh Maheshwari (now retired) said that: The 50% ceiling limit was neither inflexible nor inviolable for all times to come. Reservation by affirmative action by the State cannot be seen as damaging the Basic Structure of the Constitution. The Seventh Schedule of the IC It has three lists dividing power between the Union and States concerning certain subjects: The Union List (97 Subjects) The State List (66 Subjects) The Concurrent List (47 Subjects) Census and Caste data The 1931 Census was the last that officially collected full caste data. Every Census in independent India from 1951 to 2011 has published data on Scheduled Castes and Scheduled Tribes but not on other castes. Socio Economic and Caste Census (SECC) In 2011, the Ministry of Rural Development (MoRD) in rural areas and the Ministry of Housing and Urban Poverty Alleviation (MoHUPA) in urban areas started SECC. The SECC data, excluding caste data, was finalised and published by the two ministries in 2016.