Facts of the Case
The State Government proposed to conduct a comprehensive household survey across the State for the purpose of identifying genuine beneficiaries under various welfare schemes, such as public distribution, pensions, housing support, and other social security programs. The survey involves collection of personal and socio-economic data of households.
X, a resident of the State, filed a Writ Petition in the High Court challenging the proposed survey. X contends that the State Government lacks legislative competence to conduct such survey as the Constitution has allocated subjects like census, population statistics and socio-economic surveys to the Union Government, and therefore, the survey violates the Scheme of Distribution of Legislative Powers under the Constitution.
Issues in the Case
- Whether the State Government has the legislative and executive power to conduct a household survey for welfare scheme implementation?
- Whether such survey violates the Union List entries relating to census and population statistics?
- Whether the survey infringes any fundamental rights such as the Right to Privacy under Article 21?
- Whether the action of the State falls within its powers under welfare and administrative governance functions?
Legal Principles Covered
- Article 162 – Executive Power of the State
- The State Government can carry out administrative actions on matters where the State Legislature has the power to make laws.
- Seventh Schedule – Distribution of Legislative Powers
- Union List Entry 69: Census is a Union subject.
- However, the proposed survey is not a census, but an administrative data collection for welfare implementation, which falls under State List Entry 6, 7 and 20 (Public health, local government, social welfare).
- Article 38 and Article 39 – Directive Principles of State Policy
- The State is obligated to promote welfare, reduce inequalities, and provide necessary support to disadvantaged sections.
- Case Law:
- K.S. Puttaswamy v. Union of India (2017) – Right to Privacy is a Fundamental Right, but reasonable data collection for welfare administration is permissible, if supported by:
- Lawful purpose,
- Proportional procedure, and
- Data protection safeguards.
- K.S. Puttaswamy v. Union of India (2017) – Right to Privacy is a Fundamental Right, but reasonable data collection for welfare administration is permissible, if supported by:
- Principle of Reasonable State Action
- Welfare schemes require identification of eligible persons.
- Such surveys are administrative tools, not legislative encroachment.
Possible Judgment / Conclusion
The household survey does not amount to Census under the Union List. It is a legitimate administrative measure for proper implementation of welfare schemes, which falls well within the executive authority of the State under Article 162 and related entries of the State List.
However, the court may direct that:
- The survey must be voluntary and non-coercive.
- Collection of data must be limited and necessary.
- Information must be protected and not misused, keeping in view the Right to Privacy under Article 21.
Therefore, the proposed survey is constitutionally valid, provided the State ensures transparency, safeguards and purpose-based use of collected data.
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Understand the constitutional scope of State household surveys for identifying beneficiaries of welfare schemes at Lawgnan.in. Learn how such surveys, though involving data collection, do not violate Union powers over census and statistics under the Constitution. Explore how Articles 162, 38, and 39 empower States to conduct welfare-based administrative actions while respecting the Right to Privacy under Article 21, as upheld in K.S. Puttaswamy v. Union of India. Discover expert analysis on balancing governance efficiency, privacy safeguards, and data protection in welfare programs. Visit Lawgnan.in for clear legal insights and practical understanding.
