New Delhi: Solicitor-General G.E. Vahanvati on Thursday submitted the consolidated list of issues for consideration by a larger Bench of the Supreme Court in the petitions challenging the legislation providing 27 per cent reservation for the Other Backward Classes in Central institutions of higher learning.

93rd amendment

The 93rd Constitution Amendment, which empowers the Centre and the States to enact quota laws, is also under challenge.

A Bench, comprising Justices Arijit Pasayat and L.S. Panta, on Wednesday reserved orders on these petitions on the issue of referring the matter to a larger Bench. It asked the parties to formulate the points.

Accordingly, Mr. Vahanvati presented the consolidated questions to Justice Pasayat.

In its order, the Bench is expected to incorporate the questions necessary for adjudication.

Even if the matter is referred to a Constitution Bench, it is unlikely that it will be decided before the commencement of the academic year2007-2008.

For, the court has given the parties eight weeks to complete the pleadings.

The issues

Besides the validity of the 93rd Amendment and the quota law, the issues likely to emerge for consideration are:

Whether depriving non-minority institutions of the protection of Article 19 (1) (g) — while excluding minority institutions from Article 15(5) — is inconsistent with the principles of secularism and thereby violative of the basic structure of the Constitution?

Whether exclusion of minority institutions from Article 15 (5) violates Articles 14 and 15 (1)? What is the true ambit and scope of Articles 15 (4) and 15 (5)? If Article 15 (5) is valid, what is its true scope and ambit? What is the meaning of the term "special provisions" in Articles 15 (4) and 15 (5)? Does it include "quotas" by reservation of seats, especially in higher educational institutions and professional and technical education?

Rational policy

Whether a rational policy of affirmative action that will ensure free and compulsory education to the illiterate sections, including the Backward Classes, is absent and if so, whether affirmative action in favour of the Socially and Educationally Backward Classes is discriminatory and unconstitutional?

Whether reservation based solely or principally on the basis of caste is impermissible under Article 15? Whether reservation that relies significantly on "caste" to identify its beneficiaries is inherently divisive and incompatible with the unity and integrity of the nation?

Do the Union of India's method, manner and extent of identifying and compensating beneficiaries of special provisions perpetuate caste? Whether the reservation policy of the state, which lacks a continuous review mechanism, is violative of Articles 14, 15, 21 and 29 (2)?

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