Supreme Court OBC Caste Drop-Down Plea Census 2027: Court Calls It a Policy Matter

What happened

On Wednesday, 28 October 2026, the Supreme Court declined to entertain a writ petition filed by the OBC Federation of India seeking a pre-loaded drop-down menu of OBC castes in the digital tools used for Census 2027. The petitioners wanted respondents to pick their caste from a list instead of typing it in by hand.

The bench, reported by PTI and LawTrend as Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, said the issue "pertains to a policy decision" (PTI, via The Pioneer). LawChakra's report names only the CJI and Justice Bagchi. It:

• disposed of the petition without ruling on the merits;
• gave the federation liberty to approach the Registrar General and Census Commissioner of India; and
• allowed a copy of the petition to be sent to that office to be treated as a representation.

No direction was issued to change the census format.

Background

• Census is a Union subject. Announcing the caste decision, Union Minister Ashwini Vaishnaw cited Article 246 and Entry 69 of the Union List (The Week/PTI, 30 April 2025).
• Caste in the census. On 30 April 2025 the Cabinet Committee on Political Affairs decided that caste enumeration "should be included in the forthcoming Census" (The Week/PTI).
• The questionnaire. On 14 August 2026 the Union Home Ministry (Office of the Registrar General) notified 40 questions for the Census 2027 Household Schedule under section 8(1) of the Census Act, 1948 (Gazette S.O. 4505(E)). Item 10 reads "Scheduled Caste (SC)/ Scheduled Tribe (ST)/Caste". As LawChakra explains, SC and ST respondents are recorded against notified lists, while everyone else describes their caste in an open text field.
• The RGI's choice. The Registrar General of India opted for an open-ended caste question rather than a drop-down list (PTI).
• Earlier pleas. The same court had already treated the caste census as policy. On 20 May 2026 a bench led by CJI Surya Kant dismissed a PIL against caste enumeration (*Sudhakar Gummula v. Union of India*), the CJI saying "These are all policy matters, whether census should be caste-based or not" (LiveLaw). On 2 February 2026, in *Aakash Goel v. Union of India*, it disposed of a PIL on caste verification and asked the authorities to consider the petitioner's suggestions (Verdictum).

For the Census 2027 dates, see our earlier note on the Census 2027 enumeration schedule.

Key details

Petitioner's arguments (as reported by LawChakra):

• An open text field could repeat the problems of the Socio-Economic and Caste Census (SECC), 2011, which LawChakra says returned more than 46 lakh distinct caste names and whose caste data was never published.
• Article 342A makes socially and educationally backward classes (SEBCs) a distinct constitutional class, so the census should provide for identifying OBCs.

Bench's remarks (as reported by LawChakra): The CJI said the Central authorities should first examine the issue. Justice Bagchi observed that how a census is conducted is a policy decision of the census authority.

Why it matters

• Judicial restraint: The order follows a steady line: courts leave the design of the census to the executive and its expert bodies, and step in only on clear legal grounds.
• Data quality: Whether caste is typed freely or chosen from a list affects how easily the answers can be coded, compared and used for welfare and reservation policy.
• High stakes: LawChakra describes this as the first caste count across all groups since 1931, which makes the choice of format more consequential.
• Door left open: The RGI must now consider the federation's petition as a representation.

Issues and criticism

• Case for a list (petitioner's view): A drop-down could reduce spelling variants and misreporting, and match answers to central and State OBC lists.
• Case for an open field (the approach the RGI chose): One argument is that OBC lists differ between the Centre and States, and since the 105th Amendment (2021) States prepare their own SEBC lists. A single national menu may not fit every State, and a fixed list could leave out communities not yet listed.
• Verification: Earlier PILs, such as *Aakash Goel*, raised concerns about relying on self-declaration without a verification method (Verdictum).
• Limits of litigation: By calling the matter policy, the Court left the format question to the executive. Critics may say this leaves data-quality concerns without a judicial remedy; supporters say technical design is best left to experts.

Way forward

1. The RGI could publish how open-text caste answers will be coded and standardised.
2. Build auto-suggest or validation in the app while keeping the open field, so that unlisted communities can still record their caste.
3. Consult States, since they keep their own SEBC lists.
4. Explain the method publicly before nationwide enumeration begins, to build trust in the data.

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Prelims pointers

• 28 Oct 2026: the Supreme Court declined a plea for an OBC caste drop-down in Census 2027, calling it a policy matter.
• Petitioner: OBC Federation of India; the petition was disposed of with liberty to approach the Registrar General and Census Commissioner.
• The petition is to be treated as a representation by the RGI's office.
• Census is a Union subject: Entry 69, Union List, Seventh Schedule.
• The CCPA decided on 30 April 2025 to include caste enumeration in the census.
• The Census 2027 population enumeration questionnaire has 40 questions, notified on 14 August 2026 under the Census Act, 1948.
• Article 342A was inserted by the 102nd Constitutional Amendment (2018).

One-liners for SSC, Banking and Railways

• The Census in India is conducted under the Census Act, 1948.
• The Supreme Court bench that heard the OBC drop-down plea was headed by CJI Surya Kant.
• For Census 2027, the RGI chose an open-ended caste question instead of a drop-down list.
• Caste enumeration in the census was approved by the Cabinet Committee on Political Affairs.
• The 105th Constitutional Amendment (2021) restored the States' power to prepare their own SEBC lists.

Mains practice question

Q. "The design of the Census is a matter of executive policy, not judicial direction." Examine this statement in the light of recent Supreme Court orders on caste enumeration in Census 2027. (150 words)

Points to cover:

• Constitutional and legal basis: Entry 69 of the Union List, Census Act, 1948, the role of the RGI.
• Court's approach: pleas against caste enumeration and for an OBC drop-down both treated as policy; disposal with liberty to make a representation.
• Trade-offs: open field versus pre-loaded list; Centre and State OBC lists; verification and data quality.
• Way forward: transparent coding method, consultation with States, scope for judicial review only on clear legal grounds.