The Indian government’s
landmark decision to include comprehensive caste enumeration in the upcoming 2027 census represents the most
significant demographic policy shift since independence. This development promises to reshape India’s understanding
of social stratification and affirmative action programs, marking a dramatic reversal from the BJP’s previous stance
against caste-based counting.

Historical Context and Political Reversal

India hasn’t conducted
a complete caste-based census since 1931 during British rule, when 4,147 distinct castes, sub-castes, and lineage
markers were documented. Post-independence censuses only recorded data for Scheduled Castes and Scheduled Tribes,
leaving a significant gap in understanding Other Backward Classes demographics.

The Modi government
consistently resisted demands for a caste census until recently. In 2021, the Centre told the Lok Sabha that it had
adopted a policy against caste-wise enumeration. The Prime Minister himself, in a 2023 post-election speech,
downplayed caste divisions by declaring that India has only four castes: women, youth, farmers, and the poor.

However, pressure from
state-specific caste surveys and growing political demands forced this policy reversal. Bihar’s successful 2023
caste survey, followed by similar exercises in Telangana, Andhra Pradesh, and Karnataka, created momentum that
became politically difficult to ignore.

Legal Framework Supporting Caste Enumeration

The Census Act
1948 already provides the necessary legal foundation for collecting caste data without requiring new
legislation. Section 4 of the Act empowers the Commissioner to gather information about caste, language, and
religion, while Section 15 ensures data confidentiality.

Constitutional
provisions Article 15(4) and Article 16(4) support affirmative action for socially
backward classes, but effective implementation requires accurate demographic data. The Supreme Court in various
rulings has held caste as a ‘relevant criterion’, ‘sole criterion’ or ‘dominant criterion’ for defining backward
classes.

The Indra
Sawhney v. Union of India case established the foundation for OBC reservations and the 50% ceiling, but
reliable demographic data was always missing for evidence-based policy making. The caste census addresses this
crucial information gap that has hampered effective affirmative action implementation.

Implementation Timeline and Digital Innovation

The census is scheduled
in two phases: the first phase starting in October 2026 will cover snowbound areas, while the second phase beginning
March 1, 2027, will cover the rest of the country. For the first time, India’s census will be fully digital,
incorporating mobile apps, online self-enumeration, and real-time monitoring.

Caste data will be
included in the population enumeration phase, with preliminary data released within ten days of enumeration and
detailed disaggregated data within six months. This ambitious timeline aims to complete the entire delimitation
process before the 2029 elections.

Constitutional and Legal Implications

The delimitation
exercise cannot be conducted prior to publication of census data after 2026, as established by the Supreme Court in
recent rulings interpreting Article 170(3) of the Constitution. This constitutional mandate ensures that
constituency boundaries reflect actual demographic changes revealed by the census.

Legal practitioners
specializing in constitutional law, reservation matters, and social justice will find expanded opportunities in
policy interpretation and implementation challenges. The data will likely trigger constitutional challenges
regarding the 50% reservation ceiling established in Indra Sawhney, potentially leading to calls for its removal.

Expected Policy Ramifications

The inclusion of caste
data will provide reliable information on numerical and socioeconomic status of different castes, potentially
reinforcing demands for increased reservations, sub-categorization of OBCs, and removal of the 50% reservation cap.
State surveys have consistently shown that backward classes comprise over 60% of the population, far exceeding
current reservation allocations.

The data could validate
or challenge the rationale behind the 10% Economically Weaker Sections (EWS) quota introduced in 2019. The creamy
layer criteria for OBCs will face scrutiny, and demands for its extension to SCs may gain traction if the data
reveals compelling socioeconomic disparities.

Challenges and Opportunities for Legal Practice

Caste enumeration may
strengthen calls for extending affirmative action to the private sector, creating new legal challenges and
opportunities. With reliable caste data, courts will be compelled to judge reservation cases on merit rather than
procedural grounds, potentially leading to significant jurisprudential developments.

The comprehensive
demographic exercise will provide the empirical foundation necessary for evidence-based reservation policies and
social welfare programs. Legal advisors must prepare for complex constitutional challenges, policy implementation
disputes, and the inevitable litigation surrounding reservation policy modifications based on census findings.

This watershed moment
in India’s pursuit of social justice and equality will fundamentally alter how affirmative action policies are
designed, implemented, and legally challenged in the years ahead.