The Karnataka High Court has refused to stay the State Government’s ongoing Social and Educational Survey, also known as caste survey, while directing strong safeguards on confidentiality and voluntariness of participation.
The Court held that although the exercise covers the entire population, it is in the nature of a survey and not a census, and therefore does not infringe upon the Union’s exclusive domain under the Census Act, 1948.
The petitions challenged Government Orders of August 2025 authorising the survey, arguing that the State lacked competence after the 102nd and 105th Constitutional Amendments, which vested certain powers relating to backward classes with the Union. Petitioners also contended that the survey amounted to an unauthorised “caste census,” violated the Census Act, 1948 and the Collection of Statistics Act, 2008, and relied unlawfully on Aadhaar data in violation of the amended Aadhaar Act. Concerns were also raised over privacy rights guaranteed in Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
The Court, while declining interim relief, noted that 1.75 lakh enumerators had already been mobilised and that halting the process midway would waste significant public resources.
The Division Bench of Chief Justice Vibhu Bakhru and Justice CM Joshi has clarified that a survey is distinct from a census, even if it involves enumeration of the entire population. It also observed that the State derives authority under Entries 20, 23, and 45 of the Concurrent List, to collect such data for social welfare, social planning, employment and policy purposes.
The Court allowed the survey to proceed and issued the following directions to safeguard confidentiality and voluntariness.
• All collected data shall be kept confidential with the Karnataka State Backward Classes Commission and not disclosed to the State Government or any other authority, except in aggregate form.
• Participation in the survey shall be voluntary, and no citizen can be compelled to disclose caste or other details.
• Enumerators cannot compel disclosure of Aadhaar or any other identity number.
• The State must issue a public notice clearly stating that the survey is voluntary and that Aadhaar or caste disclosure is not mandatory.
• The State must file an affidavit within one working day outlining steps taken to secure the confidentiality of the data and compliance with the above safeguards.
The petitions will now be heard on December 12, 2025.
Appearances
Petitioner- Advocate K.N. Subba Reddy
State of Karnataka- Advocate General Shashi Kiran Shetty, Senior advocate Abhishek Manu Singhvi and AG Shetty & Mr. Raviverma Kumar, learned Senior Counsel for Commission
Union of India- Arvind Kamath, Additional Solicitor General
