Nitish Kumar has said all parties in Bihar support the caste survey.
A caste-based survey being conducted by the Bihar government, championed by Chief Minister Nitish Kumar as a move to help the disadvantaged, was put on hold by the Patna High Court on Thursday. The state government is likely to challenge the order in the Supreme Court, sources said.
Hearing a batch of petitions challenging the survey, the court directed the government to immediately stop the caste-based headcount, and ensure that the data already collected is secured and not shared with anybody until final orders are passed. It will hear the case next on July 7.
"We are of the considered opinion that the petitioners have made out a prima facie case against the continuation of the process of caste-based survey, as attempted by the State of Bihar. There is also the question raised of data integrity and security, which has to be more elaborately addressed by the state," the court said.
"Prima facie, we are of the opinion that the state has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament," it added.
The court also expressed concern about the government's intention to share data from the survey with the leaders of different parties in the state assembly.
"There definitely arises the larger question of the right to privacy, which the Supreme Court has held to be a facet of the right to life," it said.
The first round of caste survey in Bihar was conducted between January 7 and 21. The second round started on April 15 and was supposed to continue until May 15.
The petitions before the High Court were filed by a social outfit and some individuals, who had last month approached the Supreme Court after their request for a temporary hold on the survey was turned down.
The top court, however, refused to interfere, and referred them back to the high court with directions that their petition be heard quickly.
Earlier this morning, Mr Kumar had defended the survey, arguing that all political parties in the state supported its implementation.
The survey, which sought to collect data on both the economic status and caste of Bihar residents, has faced opposition from critics who claim it amounts to a house-to-house census, which only the central government has the authority to conduct.
This comes amid a debate over a caste census in India has intensified in recent months, as several political parties and leaders have urged the central government to count members of historically marginalised communities in the next census.
The central government, led by Prime Minister Narendra Modi's BJP, has rejected the demand for a caste census, saying it is against its policy and that it would lead to social fragmentation and caste enmities.