Quota case goes to Constitution Bench

Supreme Court closes for vacation till July.

The Supreme Court today decided to refer the issue of 27 per cent reservation in higher educational institutions to a Constitution Bench.

The order was passed by a Bench comprising Justice Arijit Pasayat and Justice DK Jain. While passing the order, the Bench observed that the petition challenging the reservation for other backward classes (OBCs) under an Act involved questions of considerable importance for the nation.

The larger Bench, to be set up by the Chief Justice, would have to examine whether the government has unbridled powers to evolve reservation policies. The Bench observed that the government could not adopt a "bullying" attitude which would affect the fundamental rights of the citizens.

The Bench also framed a list of questions to be addressed by the larger Bench. These include a review of the 93rd Constitutional amendment by which Article 15 (5) was inserted to provide reservation to the socially backward sections in central educational institutions.

The two-judge Bench had earlier stayed the implementation of the quotas. The government then moved the Chief Justice's court by special mention. This was opposed by the anti-quota petitioners, who insisted that the case must be heard by the Bench which had ordered the stay.

The composition of the Constitution Bench will be clear only when the Chief Justice considers the case. Normally, a two-judge Bench decision goes before a three-judge Bench, followed by a five-judge Bench, and so on.

However, if the Mandal judgment and other decisions are to be reviewed, the strength of the Bench might go up to 11or more. With the Supreme Court going on summer vacation till the first week of July, an early decision is unlikely.