Monday, November 17, 2014

8th November Newspaper Notes - Madras High Court Decision to conduct caste based census

The Madras High Court is its verdict of October 2008 said that the Centre should conduct a caste wise census because it was of the view that the castes which constitutes the backward classes of the society have increased in their population proportion of the whole population of the country. So if the census increase the proportion of backward classes then the reservation for the backward classes should be increased proportionately thereby empowering the weaker and backward sections of the society and achieving social justice for them.

In May 2010, Madras High Court has reiterated its earlier judgement and said that caste census should be done. This case was separate from the previous case of 2008.

On appeal of the Census Commissioner the Supreme Court has set aside the order of Madras High Court saying that Courts do not have the power to take policy decisions which is an exclusive jurisdiction of Government not the Courts.

According to the current policy since 1951, only the members of the Scheduled Castes and the Schedules Tribes have been included in the caste census and no other castes have been included.
Supreme Court was of the view that the Central Government has never iterated that it is going to conduct a caste based census so the Judiciary cannot direct the Government to conduct caste based census.

The SC reiterated its original position saying that Judiciary can interfere only in those areas which violates the basic features of the Indian Constitution.

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