Can the State compel private sector personnel to discharge public duties such as Census enumeration? Discuss with reference to recent developments.

Under Article 23(2), the State may impose compulsory service for public purposes, provided it does not discriminate [1]. Census 2027 is India's first digital Census and the first to count caste beyond SC/ST. It has tested this power by drafting private school teachers as enumerators [4]. Such compulsion is permissible, but only with clear statutory backing and proportionate use.

Recent developments

• The RG&CCI widened the "any person" category in the Census Rules, 1990 by gazette notification. Private school teachers and members of institutions, societies and trusts can now be enumerators [4].
• Private teachers in UP, Maharashtra and Haryana challenged State orders during House Listing. The Punjab & Haryana HC stayed Haryana's communications, giving private unaided schools interim relief [4].

Grounds supporting compulsion

• Constitutional sanction: Art. 23(2) allows compulsory service for public purposes, which the Census clearly is [1].
• Statutory power: The Census Act, 1948 lets State governments appoint persons as census officers. These officers are deemed public servants, and refusing duty is punishable [2].
• RTE Act, Sec. 27: It bars non-educational work for teachers but makes an exception for the decennial census, disaster relief and elections [3].
• Administrative necessity: About 34 lakh enumerators are needed, and government teachers alone cannot finish the job in time [4].

Limits and concerns

• Legality: A notification can amend the Rules but cannot widen the parent Act. The interim stay shows this weakness [4].
• Institutional autonomy: Private unaided schools are outside State control. Their managements have no role in the Census, which leaves gaps in supervision.
• Learning loss: The classroom-time cost spreads from government schools to private-school students as well.
• Data sensitivity: Caste data needs neutral, well-trained enumerators [4].

Way forward

• Amend Section 4 of the Census Act to name private personnel explicitly.
• Assign duty outside school hours and route requests through school managements, with notice.
• Provide a fair honorarium and app-based training. Track private enumerators separately on the CMMS portal [5].

The State can compel private personnel for a constitutionally sanctioned purpose like the Census, but the power holds up best when it rests on the parent Act and is used with minimal disruption. Clear legislation and consultative deployment would protect both an accurate Census and children's right to education.