The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The High Court of Karnataka on Friday asked the state government to file an affidavit by Tuesday on the necessary facts regarding submission of caste census report by the Karnataka State Commission for Backward Classes.
A division comprising Chief Justice N V Anjaria and Justice T G Shivashankare Gowda passed this direction while hearing a PIL filed in 2015 when the census was ordered by the state government.
During the hearing, senior advocate G R Gurumath, appearing for the petitioners, informed the court K Jayaprakash Hegde, chairman of the Commission, has already submitted the caste survey report to Chief Minister Siddaramaiah.
He further stated that the petition has challenged the very order for conducting the survey. He said the petitioners contend that the state government has no legal or constitutional competence to undertake any such census.
The state government had amended Karnataka State Commission for Backward Classes Act and that even the amendment does not empower the state to carry out caste census, the advocate submitted.
On the other hand, the government advocate submitted that no instructions were received by her pertaining to the submission of the report. The bench adjourned the hearing asking the government advocate to confirm or otherwise the submission made by the senior counsel appearing for the petitioners.
The petitioners Shivaraj Kanshetty and three others had claimed that the state government ordering the caste census is violative of Articles 245 and 246 of the Constitution.
They said the commission can only conduct a survey when there is a complaint/request regarding inclusion/exclusion of a particular backward caste and does not have jurisdiction to survey all castes.
They further stated that the Constitution empowers only the Union of India to carry out a caste census.