The court emphasized the challenges posed by the Covid-19 pandemic and the valid reasons for postponing the census activities, ultimately dismissing the petition.

JUDGMENT

Mehta, J. - The petitioner has filed the instant writ petition branding it to be a public interest litigation with the following prayers:-

'It is, therefore, most respectfully prayed on behalf of petitioner in the public interest that the writ petition may kindly be allowed in toto and following relief that serves the public interest may kindly be granted:-

I. By an appropriate writ, order or direction, the sentence, 'wherever it may consider it necessary or desirable to do so' in the Section 3 of the Census Act, 1948, may kindly be declared as ultra vires which dehors the provisions of the Constitution and be struck down.

II. By an appropriate writ, order or direction, suitable direction be issued to the respondents to declare its intention in continuation of the notification published in official gazette on 28.03.2019 to conduct decennial Census 2021 by way of publication in the official gazette.

III. By appropriate writ, order or direction, the Government of India may kindly be directed to conduct the Census in scheduled timeline forthwith immediately, without any further delay, not to cause further and continuous violation of the fundamental rights enshrined under Article 14 and 21 of the Constitution of India i.e., the right of a citizen to receive plan and policies of the Government in various sectors and departments of the Government, on the basis of the sound, accurate and reliable data collected under the procedure established by law, as per the provisions of the Census Act, 1948 and rules thereunder.

IV. Any other order which the Hon'ble Court deems fit may kindly be passed in favour of the petitioner.'

2. Shri Manas Ranchhor Khatri, counsel representing the petitioner vehemently and fervently contended that the Section 3 of the Census Act, 1948 (hereinafter referred to as 'the Act of 1948') which reads as below is ultra vires and dehors the Constitution of India and hence the same deserves to be struck down:-

'The Central Government may, by notification in the Official Gazette, declare its intention of taking a Census in the whole or any part of the territories to which this Act extends, whenever it may consider it necessary or desirable so to do and thereupon the Census shall be taken.'

3. Shri Khatri urged that since Section 3 of the Act gives an absolute latitude to the Central Government of taking census whenever it considers necessary or desirable to do, it is ultra vires of the Constitution of India because the census operations must be undertaken on a fixed periodical basis i.e., every ten years. The last census operation was carried out in the year 2011. Thereafter, the Central Government has declared its intention to conduct a fresh census during the year 2021 by way of the Notification published in the Official Gazette on 28.03.2019 but till date, no action is forthcoming on part of the respondents to complete the process. The concerned authorities cannot sit tight over the notification and speedy action has to be taken for completing the process which was scheduled to be carried out between 01.04.2020 to 30.09.2020.

4. Shri Khatri thus, urged that a mandamus be issued to the respondents to complete the process of census within the stipulated time and to strike down the following words appearing in Section 3 of the Census Act 'Whenever it may consider it necessary or desirable so to do' which give an unbridled discretion to the Central Government to delay the process of taking the census. He drew the Court's attention to certain newspaper reports and urged that impact of delay in conducting census is very harmful to the progress and development of the nation. He also referred to the proceedings of Lok Sabha wherein, a question was posed regarding the progress of census operation and a reply was given on behalf of the Ministry that field activities have been postponed until further orders and the Government has not taken any decision to prepare 'National Register of Indian Citizens at the National Level'. S