The question of conducting a Caste Census in India has sparked intense political and social debate in recent years. At the heart of this discourse lies a crucial question. Caste Census is a must to delve into the ideals enshrined in the Indian Constitution, particularly equality, social justice, and affirmative action. Further, Articles 15 and 16 of the Indian Constitution empowers the State to make special provisions for advancing socially and educationally backwards classes.
In India, we have a society based on graded inequality, which means elevation for some and degradation for others. On the economic plane, we have a society where some have immense wealth, unfortunately, many live in poverty. On January 26 1950, we had entered into a life of contradictions. In politics, we have equality, and in social and economic life, we have inequality. In politics, we will recognise the principle of one man, one vote and one value. In our social and economic life, we shall continue to deny the principle of one man, one value because of our social and economic structure. How long shall we continue to live this life of contradictions? How long shall we deny equality in our social and economic life? If we continue to deny it for long, we do so only by putting our political democracy in peril. We must remove these contradictions at the earliest possible moment, or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up. “These are the words of warning, which Dr. B.R. Ambedkar, the Chief Architect of the Indian Constitution, delivered his speech on November 25 1949, in a reply to the debate on the Constitution’s final draft. This was the day before November 26, 1949, when the Constituent Assembly adopted, enacted, and gave our country the most cherished document for every Indian, “the Constitution of India”. He warned that we should not be content with mere political democracy but make our political democracy a social democracy as well. He emphasised that a social democracy would mean a way of life which recognises liberty, equality, and fraternity as the principles of life. According to him, liberty, equality, and fraternity, not individually but as a trinity of the three, were necessary for converting our political democracy into a social democracy. He pointed out the contradictions in the country about the social and economic structure. He warned that if we continue to deny equality in social and economic life for long, we will do so only by putting our political democracy in peril. He appealed to the nation to remove these contradictions as soon as possible. He warned that if we do not do so, those who suffer from inequality will blow up the structure of political democracy which the Constituent Assembly had so laboriously built up. We are now in the 75th year of the Republic, but still now struggle to remove those contradictions.
The Constitution of India promises to the people that the state should secure all its citizens’ social, economic, and political justice. Social justice is to eliminate inequalities and ensure equal treatment of all sections of society, particularly the marginalised and disadvantaged. Economic justice focuses on reducing income and wealth disparities while promoting the equitable distribution of resources, thereby laying the foundation for an inclusive and balanced society. Despite the constitutional promise, the current Indian society reflects significant imbalances. While progress has been made in areas such as education, access to welfare schemes, and democratic participation, deep-rooted inequalities in caste, class, gender, and region persist. The marginalised communities, including Scheduled Castes, Scheduled Tribes, and minorities, often continue to face social discrimination and economic deprivation, indicating a serious gap between constitutional ideals and ground realities. Economic disparity has widened, with a small percentage of the population controlling a disproportionate share of the nation’s wealth, while millions struggle for basic needs like food, healthcare, and housing. The rise of informal employment, agrarian distress, and limited access to quality education and healthcare for low-income people further intensifies this imbalance. Social justice, though enshrined as a goal, remains a distant reality for many. Discriminatory practices, underrepresentation in public institutions, and denial of dignity continue to afflict large sections of society. The ideals of justice — social, economic, and political — have not been fully realised for all. Bridging this gap requires proactive policies, practical implementation, judicial activism, and a collective commitment by the state and citizens to uphold the values enshrined in the Constitution.
Article 22 of the Universal Declaration of Human Rights guarantees everyone the right to social security and other economic, social, and cultural rights. These rights include the right to work, an adequate standard of living, Education, Maternity and childhood, and the right to participate in cultural life. Article 46 of the Indian Constitution states that the State must promote the educational and economic interests of the weaker sections of society, especially the Scheduled Castes and Tribes. It also requires the state to protect these people from exploitation and social injustice.
The Parliament introduced the First Amendment Act, 1951, and inserted clause 4 to Article 15. The clauses of this Article 15 are enabling provisions (allow, facilitate) and do not impose any obligation on the state to take any special action under it. It merely confers discretion to act, if necessary, by way of making special provisions for socially and educationally backwards classes and the Scheduled Castes and the Scheduled Tribes.
The Eighth Amendment of the Constitution of India, officially known as the Constitution (Eighth Amendment) Act, 1959, amended article 334 of the Constitution to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for ten years, i.e., up to January 26, 1970. Article 334 had stipulated that the reservation of seats should expire within ten years from the commencement of the Constitution (i.e., on or before January 26, 1960).
Further, extending the reservation period for SC/STs and Anglo-Indians, extending reservation in Lok Sabha and State Legislature, despite Constitutional provision capping it at 10 years from 1950 under Article 334, was challenged before the Apex Court in W.P. (C) No. 000546/2000? But it is still pending.
Meanwhile, on January 21, 2020, the Parliament of India passed the Constitution (104th Amendment) Act, 2019, and extended reservations for the Scheduled Castes and Tribes to 80 years. However, the 104th Amendment discontinued reservations for Anglo-Indians in the Lok Sabha and State Legislative Assemblies.
But on 02.08.2024, we achieved sub-classification of schedule castes, a seven-judge Constitution Bench of the Supreme Court, by upholding the validity of sub-classification within Scheduled Caste categories in a 6:1 majority in State of Punjab & Others vs. Davinder Singh & Others case.
Despite the wide use of caste as a criterion for reservations and welfare schemes, India does not have recent official data of the population and socio-economic conditions of different castes, especially OBCs. The last comprehensive caste data was collected during the 1931 Census. This creates a paradox: caste-based policies are implemented without reliable empirical data.
The above social security schemes empower the weaker sections. Data from the 2011 census of India is scrutinised. The census data was not conducted in 2021. In Tamil Nadu, many people support caste census and to make reservations in education and employment. The current Chief Minister said that under Section 3 of the Census Act, only the Union government could conduct a census. He explained that though there was a perception that a State government could do a caste-based census under the Collection of Statistics Act, 2008, the law allows only socio-economic data collection. “Under Section 3(a) of the Act, the State government cannot collect data about entries specified in the Union List in the Seventh Schedule, and the census is enumerated under Entry 69 of the Union List. Also, Section 32 of the Collection of Statistics Act bars population data collection, as it can be done only under the Census Act,” he said, pointing to a case pending before the Supreme Court.
On June 6, 2022, the Bihar government issued notification to conduct caste-based survey to collect data on socio-economic conditions aiding creation of better government policies for disadvantaged groups. The Bihar government had relied on the data collected in the Bihar Caste Survey conducted between June 2022 and August 2023 to increase the reservation quota for Other Backwards Classes (OBC), Extremely Backwards Classes (EBC), Scheduled Caste (SC), and Scheduled Tribe (ST). A petition challenging the validity of the Caste Survey is also pending before the Supreme Court.
The Bihar legislature passed the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023. Based on the data collected during the caste survey conducted in 2023, the State passed the amendments. The quota for Extremely Backward Classes (EBC) was raised from the existing 18% to 25%; for Backward Classes (BC) from 12% to 18%; for Scheduled Castes (SC) from 16% to 20%; and for Scheduled Tribes (ST), the quota has been doubled, from 1% to 2%. On June 20, the High Court struck down the Act. The Rastriya Janata Dal (RJD) has moved the Supreme Court challenging the Patna High Court’s order, which had set aside the Bihar Amendment Laws increasing reservation for Backwards Classes, Scheduled Tribes (STs), Scheduled Castes (SC) and Extremely Backwards Classes to 65% from 50%.
One of the first Indian States to carry out a comprehensive caste census is Telangana. This significant poll, which included almost 97% of households, was conducted between November and December 2024. Its objective was to collect accurate and comprehensive data based on social, economic, and educational circumstances. More than just gathering data, the survey is officially known as the Social-Educational-Employment Economic-Political-Caste (SEEEPC) Survey. It marks a significant turning point in the fight for equality and justice. It aided the government creating more precisely targeted social programs focusing on long-marginalised groups urging up to 70% reservations, including 42% for Backwards Classes (BCs).
Telangana has overtaken Tamil Nadu in terms of the overall reservation percentage. This audacious and forward move has positive impact on people by social policy. The Telangana caste survey marks a change from antiquated frameworks to data-based government and from assumptions to proof. It ushers in a new era in India’s efforts to create a more inclusive and just society, where social justice is advocated and implemented.
Reservations were envisioned as a corrective tool for centuries of systemic discrimination. Introducing an economic criterion for reservation, as seen in the Economically Weaker Sections (EWS) quota, is constitutionally permissible. However, excluding SCs, STs, and OBCs from the EWS category because they already benefit by the caste-based reservations creates a new axis of discrimination. This exclusion operates arbitrarily, punishing historically oppressed communities from receiving constitutional protection.
A universally acknowledged truth is that reservations have been conceived and quotas created, through provisions of the Indian Constitution, only to offset fundamental, deep-rooted generations of wrongs perpetrated on entire communities and castes.
Reservation is designed as a powerful tool for equal access and opportunity.
Introducing the economic basis for reservation is permissible as a new criterion. Yet, the “othering” of socially and educationally disadvantaged classes – including SCs/ STs/ OBCs by excluding them from this new reservation on the ground that they enjoy preexisting benefits, is to heap fresh injustice based on past disability. The exclusionary clause operates in an utterly arbitrary manner.
The Caste Census is now an unstoppable idea. Whether 90% of our population is meaningfully represented in India’s institutional structure- economy, government, and education demands an answer. Until then, the promise of justice will remain more aspirational than actual.
