Census Duty: Government Powers and Citizens’ Rights

29 Oct 2026

Tags: Governance   Accountability   Institutional oversight

Source: The Indian Express

Recent Amendment to Census Rules, 1990

• Amendment: The Centre amended the Census Rules, 1990 to explicitly include teachers from government, local-authority, aided and unaided private educational institutions, along with officials of banks, companies, societies, trusts and other establishments, as potential Census enumerators.
• Broad provision retained: State governments and Union Territory administrations may appoint “any person” considered suitable for Census duties. The earlier rules also contained a broad category of persons eligible for appointment.
• Government’s justification: The Ministry of Home Affairs (MHA) stated that the amendment removes ambiguity and facilitates smooth Census operations requiring a large workforce.
• Scale of operations: Around 31 lakh enumerators and supervisors were reported to be undergoing training, highlighting the manpower-intensive nature of the Census despite digitisation.

Judicial Concerns over Compulsory Deployment

• Bombay High Court (May 2026): Granted interim protection to associations representing over 500 private unaided and minority schools in Maharashtra. It observed, prima facie, that the Census Act did not authorise compulsory requisition of private-school staff merely through the broad wording of the earlier rules.
• Punjab and Haryana High Court (October 2026): Stayed Haryana government communications seeking details of private unaided-school teachers for Census duty.
• Core legal principle: Subordinate legislation cannot exceed the authority conferred by its parent statute. Merely mentioning a category in the Rules does not necessarily establish the power to compel that category to serve.
• Significance of amendment: The amendment seeks to clarify eligibility, but the underlying question remains whether the Census Act authorises compulsory deployment of private individuals for general enumeration duties.

What Does the Census Act, 1948 Provide?

• Section 4(2): Authorises State governments to appoint persons as Census officers to conduct, assist with or supervise the Census in specified areas. Once appointed, they are legally bound to serve accordingly. The broad term “persons” is a key basis for the government’s argument.
• Section 4A: Requires local authorities, when directed by the Central Government, to make available staff necessary for Census work.
• Sections 6 and 7: Provide for assistance from private establishments and their personnel in specified circumstances, particularly for counting persons under their charge or present within their premises.
• Scope-related concern: Section 7 allows a District Magistrate to call upon factory or establishment staff to assist in enumerating persons present on the premises; it does not expressly authorise their general deployment for door-to-door enumeration.
• Legal ambiguity: The central issue is whether the general appointment power under Section 4(2) permits compulsory service by private individuals, or whether the more specific provisions limit when their services can be requisitioned.

Relevant Judicial Precedents

• LIC case, Punjab and Haryana High Court (2010): Quashed orders requiring the Life Insurance Corporation (LIC) to provide at least 150 employees for Census duties, holding that Section 7(c) did not authorise their general deployment. However, it left the government free to invoke Section 4(2) where legally applicable.
• LIC case, Gujarat High Court: Similarly held that Section 7 did not confer the power to requisition LIC employees for general Census work. The 2019 Division Bench judgment was under challenge before the Supreme Court, according to the article.
• Private-school teachers, Census 2011: Courts granted interim protection against coercive deployment in certain cases. Subsequently, the Bombay High Court permitted deployment of private aided and unaided schoolteachers subject to safeguards, including normally assigning duties outside school hours, exempting Classes 10 and 12 teachers, and allowing school managements to decide which teachers could be spared.
• Key takeaway: Judicial decisions have distinguished between the authority to appoint Census officers and the statutory power to compel particular categories of employees to serve.

Constitutional Provisions: Compulsory Public Service

• Article 23(1): Prohibits trafficking in human beings, begar and other forms of forced labour.
• Article 23(2): Permits the State to impose compulsory service for public purposes, provided it does not discriminate on grounds such as religion, race, caste or class.
• Special Police Officers: The Police Act, 1861 provides for the appointment of special police officers in specified circumstances. In Dulal Samanta v. District Magistrate, Howrah (1958), the Calcutta High Court treated such compulsory public service as permissible under Article 23(2).
• National Service Act, 1972: Provides another example of statutory compulsory service, covering specified qualified doctors and engineers. It establishes detailed safeguards relating to eligibility, registration, notice, postponement on hardship grounds, remuneration and employment protection.
• Important distinction: Article 23(2) permits compulsory public service in principle, but it does not independently confer Census authorities with powers absent statutory authorisation.

Key Issues and Way Forward

• Legislative clarity: Parliament or the competent rule-making authority should ensure that the legal basis for compulsory deployment of private individuals is clear and consistent with the Census Act.
• Proportionate deployment: Census authorities should consider working hours, educational responsibilities and hardship while assigning duties.
• Procedural safeguards: Clear rules on notice, exemptions, remuneration, working hours and grievance redressal can reduce disputes and ensure fair treatment.
• Administrative efficiency: Adequate staffing, training and digital tools should be used to reduce dependence on compulsory deployment wherever feasible.

Significance for UPSC

• Polity: Relationship between a parent Act and subordinate legislation; limits of delegated legislation.
• Fundamental Rights: Article 23(1) and the public-service exception under Article 23(2).
• Governance: Balance between the State’s need to conduct a nationwide Census and the legal rights and employment interests of private individuals.
• Important institution: The Census of India is conducted under the Census Act, 1948, with the Office of the Registrar General and Census Commissioner, India, functioning under the Ministry of Home Affairs.

Conclusion: The Census requires extensive manpower, and Section 4(2) provides a broad basis for appointing Census officers. However, the power to compel private citizens or employees to serve must be grounded in law. Administrative convenience cannot substitute for clear statutory authority and appropriate safeguards.