We Agree With You In Principle: Supreme Court Asks Census Authorities To Consider Suggestions For Procedure To Verify Caste Of Citizens In 2027 Census

The Supreme Court, while disposing of a PIL, has asked the Directorate of Census Operations to consider the suggestions with respect to the procedure to be adopted to record, classify and verify the caste data of citizens in the 2027 General Census.

The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, "The Census exercise was regular to the Census Act 1958, and the 1990 Rules went thereunder, which empowered the Respondents to determine the particulars and manner of Census operations. There was no reason to doubt that the Respondent authorities, with the aid and assistance of the domain experts, must have evolved a robust mechanism in order to rule out any mistake as apprehended by the Petitioner or several like-minded persons...Nevertheless, we find that the Petitioner has flagged some of the relevant issues from the presentation dated 9th July 2025 addressed to the Registrar General and the Census Commissioner of India, as well as the Directorate of Census Operations. We thus deem it appropriate to dispose of this Petition with the direction to the Respondent authorities to consider the suggestions raised by and on behalf of the Petitioner..."

Senior Advocate Mukta Gupta appeared on behalf of the Petitioner. 

A writ petition was filed in public interest, inter alia, raising certain issues with respect to the procedure contemplated to be followed for conducting the Census 2027. According to the Petitioner, no guidelines in the form of a questionnaire or a transparent framework have been placed in the public domain as to how the cast data is to be recorded, classified or verified.

The Petitioner further alleged that the Respondents have not disclosed any pre-determined criteria or standardized methodology for recording of caste identity, notwithstanding the acknowledgement that the caste enumeration has expanded beyond SC and ST categories, as OBCs are also, for the first time, being included in the Census exercise.

"The petitioner is not opposed to the caste census. Only thing is, what the prayer is that this should be on the basis of verifiable...After independence, this will be the first caste census. We are not opposed to it. The only prayer is that it should be on the basis of verifiable material because for years, this will be the data for all welfare policies, reservation and all. So, it should not be mere self-declaration, " Senior Advocate Mukta Gupta submitted. 

Chief Justice said, "In principle, we agree with you, nothing should be included or excluded based upon a certificate the genuineness of which might be either doubtful or unverified."

"Now, a self-declaration merely without verifying can be very hazardous because anybody would say anything, and that then the census exact sanctity of the census", Gupta added.

Justice Bagchi said, "That is left to the expert body and census exercise is an absolutely specialised exercise by trained minds of vast experience. They know exactly what parameters to be put for the purpose of census and the enumeration; it is a question to be left to them to decide. You have made a representation, can you consider that?"

"Now, after this petition was filed a notification is also there which gives the criteria, and it is mere self declaration", Gupta said.

"You have done a commendable job, you have brought to the notice of the authorities, and you have really sensitised them also. If at all still they do something wrong, then the law will take its own course", the Chief Justice said.

The Bench said authorities may consider the suggestions raised in the legal notice/representation and the petition, and disposed of the PIL.

Previously, the Government of India officially announced that the next census of the country's population will be conducted in two phases in 2026 and 2027, marking a significant update in the previously deferred exercise.

In a notification issued by the Ministry of Home Affairs (Office of the Registrar General, India) and published in the Gazette of India, the Central Government stated, “In exercise of the powers conferred by section 3 of the Census Act, 1948 (37 of 1948), and in supersession of the notification of the Government of India in the Ministry of Home Affairs (Office of the Registrar General, India) number S.O. 1455(E), dated the 26th March, 2019 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), dated the 28th March, 2019, except as respects things done or omitted to be done before such supersession, the Central Government hereby declares that a census of the population of India shall be taken during the year 2027.”

The Supreme Court had also refused to entertain a plea seeking direction to the Centre for conducting a socio-economic caste census for the welfare of backward and other marginalised sections, saying the issue falls in the domain of governance.

Cause Title: Aakash Goel v. Union of India [W.P. (C) No. 77 of 2026]