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5-judge Bench formed to hear OBC case

Legal Correspondent

It will examine whether quota based solely on caste is impermissible

New Delhi: Chief Justice of India K.G. Balakrishnan has constituted a five-judge Constitution Bench of the Supreme Court to hear on August 7 the petitions challenging the Central Educational Institutions (Reservation in Admission) Act, 2006, providing for 27 per cent quota for the Other Backward Classes and the 93rd Constitution Amendment law under which the OBC quota legislation was enacted.

On a reference from a two-judge Bench, the matter was heard by a three-judge Bench and on July 26 it referred the issue to a five-judge Bench.

Besides the Chief Justice, the judges on the Constitution Bench are: Mr. Justice Arijit Pasayat (who headed the two-judge Bench that stayed the implementation of the quota law), Mr. Justice C.K. Thakker, Mr. Justice R.V. Raveendran and Mr. Justice Dalveer Bhandari.

The larger Bench will examine whether a quota based solely or principally on caste is impermissible under Article 15.

It will also go into the question “whether reservation that relies significantly on ‘caste’ to identify the beneficiaries is inherently divisive and incompatible with the unity and integrity of the nation.”

The Chief Justice already indicated that the Constitution Bench would initially hear the Centre’s application for vacating the March 29 interim order restraining the Government from implementing the quota law for the academic year 2007-2008.

The petitioners said there could not be a review of an order passed by a two-judge Bench, but the Centre contended that there was no bar on filing of an interlocutory application for consideration by a larger Bench.

After the conclusion of the submissions on the interlocutory application, the Bench will take up the matter for final hearing.

The Centre said that subsequent to the stay order, the apex court in the case of Voice (Consumer Care Council) vs. Tamil Nadu (questioning the validity of the 69 per cent quota law in the State) directed the creation of additional seats for the ‘open category’ candidates who, in the court’s opinion, were deprived of admission because of the reservation provided for in the impugned Act.

Even though the solution of increase of seats, adopted by the apex court to offset any possible reduction in the general category, was an interim arrangement without prejudice to the rights of the parties, it served the public interest, the Centre said.

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