HAIDER KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the instant writ petition branding it to be a public interest litigation with the following prayers:-

(2.) Shri Manas Ranchhor Khatri, counsel representing the petitioner vehemently and fervently contended that the Sec. 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:-

(3.) Shri Khatri urged that since Sec. 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 28/3/2019 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 1/4/2020 to 30/9/2020.