While Justice Sanjeev Khanna allowed the Centre to file its affidavit, the court said “it won’t stay the survey”, as sought by NGO Youth for Equality, one of the petitioners. The JD(U) was quick to hit out at the BJP for the intervention in the Supreme Court, saying the Modi government has made it clear that it wants to stop the caste survey. 

BJP leaders told ThePrint that the party supports the survey in Bihar but not at the national level, citing possible “administrative and social challenges”.

However, on the condition of anonymity, some BJP leaders said the survey may open a Pandora’s box — unleash a second phase of “Mandal politics” in north India — and also admitted to fears that it may prove an advantage to Nitish and other parties in the Opposition’s INDIA coalition, besides leading to demands for the exercise to be held at the national scale.

Speaking about the Modi government’s SC affidavit, a senior BJP functionary told  that “it could reflect the challenges” raised against the survey in lagel petitions . 

“First is violation of fundamental Right of Privacy. Bihar is not like metropolitan Delhi or Mumbai. In Bihar’s caste-driven society, branding, ostracising of individuals can foil social harmony,” the functionary said. 

“Second, it has been challenged on competence, as only the Union government can conduct a census, according to the Constitution,” the leader added.