What’s in today’s article?

• Why in News?
• Census in India
• Need for caste Census
• Argument against caste census
• The case for OBC inclusion in Census
• Attempt at caste Census failed
• Way forward

Why in News?

Peter Drucker’s quote, “Only what gets measured gets managed,” highlights the necessity of collecting data on group identities to address discrimination effectively. This approach is essential for informed policymaking and inclusive development. 

For example, Germany’s census does not record racial data, disadvantaging Black communities. In response, Black people initiated the Afrozensus survey in 2020, revealing widespread, institutional anti-Black racism in Germany.

Census in India

• About
  • Population Census provides basic statistics on state of human resources, demography, culture and economic structure at local, regional and national level.
  • Beginning in the year 1872, when the first census was conducted non-synchronously, the census enumeration exercise in India is carried out in every 10 years.
    • The first synchronous census was taken under British rule in 1881, by W.C. Plowden, Census Commissioner of India.
  • The responsibility of conducting the decadal census rests with the Office of the Registrar General and Census Commissioner of India, Ministry of Home Affairs.
•  Legal/Constitutional basis of Census in India
  • Population census is listed in Union List (entry 69) of Seventh Schedule in Indian Constitution.
  • Census is conducted under the provisions of the Census Act, 1948.
• Caste census
  • Caste was enumerated in British India Censuses (1881-1931). 
  • Post-Independence, the 1951 Census excluded caste enumeration except for SCs and STs, who continue to be counted. 
  • In 1961, the GOI recommended states conduct their own surveys for state-specific OBC lists, as there were no central reservations for OBCs at that time.
  • Though Census is a Union subject, the Collection of Statistics Act, 2008 allows States and local bodies to gather necessary data, as seen in Karnataka (2015) and Bihar (2023).

Need for caste Census

• Social Imperative
  • Caste remains a key social structure in India, evidenced by low inter-caste marriages, prevalent caste surnames and marks, residential segregation, etc.
    • Only about 5% of Indian marriages were inter-caste as of 2011-12.
  • Choices of candidates for elections and ministers for Cabinets continue to be dictated by caste considerations.
• Legal Imperative
  • Constitutionally-mandated social justice policies, including reservations in various sectors, require detailed caste data. 
  • Although the Constitution mentions class instead of caste, the Supreme Court has ruled caste as a significant criterion for defining backward classes and supporting reservation policies.
• Administrative Imperative
  • Detailed caste data:
    • helps correct wrongful caste inclusions/exclusions, 
    • prevents dominant castes within reserved categories from monopolizing benefits, 
    • aids in sub-categorizing castes, and 
    • determines the creamy layer income/wealth criterion.
• Moral Imperative
  • Lack of caste data has allowed elites among upper castes and dominant OBCs to disproportionately control national assets, income, and power.

Argument against caste census

• Socially Divisive
  • Critics say it could deepen social divisions.
    • However, it should be noted that India has had deep social divides for nearly 3,000 years. 
    • Census counts of SCs and STs since 1951 haven't led to conflicts among these groups. 
    • Additionally, the Census already includes potentially divisive categories like religion, language, and region. 
    • Casteism will not wither away by not counting caste in the Census, any more than communalism, and regionalism will disappear by not enumerating religion, language and region.
• Administrative Nightmare
  • Many opponents claim that that it is an administrative nightmare. 
    • Despite concerns, caste enumeration is feasible. 
    • Unlike the fuzzy concept of race, caste identity is clear. 
    • The GOI has successfully enumerated 1,234 SC castes and 698 ST tribes. 
    • Counting the 4,000-odd other castes, mostly state-specific, should not be overly problematic.
  • Fueling Demands for Increased Reservations
    • Opponents say that it would fuel demands for increased reservations.
    • Rather than fueling demands, detailed caste data could help curb arbitrary reservation demands. 
    • It would allow for objective policymaking and informed debates on reservation claims from groups like Marathas, Patidars, and Jats. 
    • Governments often prefer vague data, allowing them to implement reservations arbitrarily for electoral gains.

The case for OBC inclusion in Census

• Reservations for OBCs in education and public employment
  • The Constitution permits reservations for OBCs in education and public employment (Articles 15(4) and 16(4)), similar to SCs and STs. 
  • Following the Mandal Commission, OBCs also have reservations in the Central government. 
  • The Supreme Court's Indra Sawhney case (1992) ruling requires periodic revision of the OBC list, which is based on the 1931 Census.
• No reservation in electoral constituencies for MPs and MLAs
  • While OBCs lack reservations in MP and MLA constituencies, the 73rd and 74th amendments (1993) mandate reservations in panchayats and municipalities for SCs, STs, and OBCs (Articles 243D(6) and 243T(6)).
  • Accurate caste-wise data of OBCs is needed for this, which the GOI should have collected in the 2001 Census but did not.
• Judiciary demands caste-wise data to uphold reservations
  • States like Uttar Pradesh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Odisha, and Jharkhand have faced judicial stays on OBC reservations in local elections due to the absence of caste-wise data. 
  • While the judiciary demands this data, the executive has avoided collecting it.

Attempt at caste Census failed

• In 2010, after significant lobbying, the Parliament unanimously resolved to include caste enumeration in the 2011 Census. 
  • The last caste enumeration in the 1931 Census identified 4,147 castes. 
• However, the Socio Economic and Caste Census (SECC)-2011, which was not conducted under the Census Act, 1948, failed due to poor design and execution, resulting in an implausible figure of 46 lakh castes. 
• The SECC-2011’s failure was because of the fact that it was not conducted under the Census Act, 1948 as the Act was not amended to include caste as a parameter. 
• It was conducted through the Union Ministries of Rural Development and Urban Development which did not have prior experience of conducting sociological/anthropological surveys. 
• Additionally, the questionnaire was poorly designed and asked open-ended questions about caste. 
  • The enumerators couldn’t distinguish between genuine castes, alternative caste names, larger caste groups, sub-castes, surnames, clan names, gotras, etc.

Way forward

• To address the failures of SECC-2011, the Census Act, 1948, should be amended to mandate caste enumeration, removing the discretion of the Union executive. 
• Caste data should be collected during the regular Census by the Census Commissioner, with relevant questions added to the questionnaire. 
• Sociological and anthropological experts should draft state-specific caste lists, publish them online for public input, and finalize them before providing them to enumerators. 
• The questionnaire should include questions about sub-caste, caste, larger caste group, and caste surname. 
• Using internet-enabled devices with preloaded details would simplify and ensure accurate data collection.

Q.1. What is the purpose of the socio economic and caste census in 2011?

The main objectives behind conducting SECC 2011 have been outlined as: (a) To enable ranking of households based on their socio economic status. (b) To make available authentic information on caste wise population enumeration. of various castes and sections of population.

Q.2. What is Population Census?

Population Census is a periodic national survey conducted in India to gather demographic, social, and economic data of all residents. It provides crucial information for policy-making, resource allocation, and planning across various sectors of the economy and society.

Source: The case for a caste Census | Census Division | Office of Registrar General and census Commissioner

What’s in today’s article?

• Why in News?
• What is the Central Bureau of Investigation (CBI)?
• Consent Required by the CBI for Conducting Investigation in a State
• Withdrawal of General Consent and its Impact
• SC holds Bengal’s suit maintainable

Why in News?

The Supreme Court upheld the maintainability of a lawsuit filed by the State of West Bengal against the Union Government. 

The suit accuses the Centre of "constitutional overreach" and violating federal principles by deploying the Central Bureau of Investigation (CBI) in the state without obtaining prior consent from the state government.

The Centre had argued that the Union government had no superintendence or control over the CBI.

What is the Central Bureau of Investigation (CBI)?

• The CBI is the premier investigating agency of India operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, Government of India.
• It traces its origin from the Delhi Special Police Establishment (DPSE) Act, 1946, which regulates the CBI.
• As the DPSE Act is not passed by Parliament of India, CBI is created by an executive order of the government, hence not a statutory body yet and is exempted from the purview of the Right to Information (RTI) Act.
• Originally set up to probe cases of corruption in the government departments, CBI’s jurisdiction expanded to include several economic crimes, special crimes, cases of corruption and other cases. 
• Investigating powers of CBI are divided into: 
• Anti-Corruption Division: It investigates cases against central government employees, public servants working under state governments (entrusted to the CBI by the state).
• The Economic Offences Division: It investigates financial crimes, bank frauds, money laundering, illegal money market operations, graft in PSUs and banks.
• The Special Crimes Division: It handles cases of conventional nature such as offences relating to internal security, espionage, narcotics and psychotropic substances, etc. 

Consent Required by the CBI for Conducting Investigation in a State:

• Legal basis: Section 6 of the DPSE Act authorises the central government to direct CBI to probe a case within the jurisdiction of any state but only with the consent of the concerned state government.
  • However, the SC and HCs can order CBI to investigate such a crime anywhere in the country without the consent of the state.
• Types of consent:
  • General consent: When a state gives a general consent to the CBI for probing a case, the agency is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
• It is normally given by states to help the CBI in the seamless investigation of corruption cases against central government employees in their states.
• Specific consent: When a general consent is withdrawn, CBI needs to seek case-wise (specific) consent for investigation from the concerned state government. 
  • If specific consent is not granted, the CBI officials will not have the power of police personnel when they enter that state, preventing the CBI from conducting a thorough inquiry. 

Withdrawal of General Consent and its Impact:

• The withdrawal of general consent does not stop CBI probes in all cases.
• The CBI continues to probe in old cases until specifically taken back by the state government. 
• Further, it continues to investigate cases that were given to it by a court order.
• The CBI can also challenge the decision (of withdrawal of general consent) in a court showcasing its progress of investigation in the case. 
• When the CBI does not have a general consent, it can approach a local court (as per a provision in theCrPC) for a search warrant and conduct investigation. 

SC holds Bengal’s suit maintainable

• The Supreme Court dismissed the Centre's initial objections against a lawsuit filed by West Bengal. 
• The state challenged the CBI's authority to register and investigate cases in West Bengal after the state withdrew its general consent on November 16, 2018.
• Key takeaways of the judgement
  • The Supreme Court noted that the Union government is deeply involved with the CBI, as the agency can only investigate offences notified by the Centre under the Delhi Special Police Establishment (DSPE) Act.
    • According to Section 4 of the DSPE Act, the Central Vigilance Commission oversees offences under the Prevention of Corruption Act, while the Central government supervises all other matters.
  • The court reminded the Centre that the DSPE Act requires the state's prior consent for CBI investigations within its jurisdiction.
  • The agency (CBI) not being the ‘Government of India’
  • The Centre had earlier contended that the CBI too could not be made a defendant in the suit as the agency was not the ‘Government of India’.
    • Original suits filed directly in the Supreme Court under Article 131 of the Constitution exclusively deal with disputes involving the Union and the States.
    • And CBI is an agency not the GoI.
• However, the SC Bench said the suit raised serious questions concerning the wider ramifications of federalism.

Q.1. What is Central Vigilance Commission (CVC)?

The Central Vigilance Commission (CVC) is an apex Indian governmental body that addresses corruption in public administration. It oversees vigilance and integrity in public sector activities, promoting transparency and accountability across government organizations.

Q.2. What is Right to Information (RTI) Act?

The Right to Information (RTI) Act grants Indian citizens the right to access information held by public authorities, promoting transparency and accountability in governance. It empowers individuals to seek and receive information from government bodies.

Source: West Bengal suit against CBI probes maintainable: Supreme Court | News on Air | Indian Express