Research › Browse › Judgment

Supreme Court of India · body

2010 DIGILAW 913 (SC)

Chebrolu Leela Prasad Rao v. State of A. P.

2010-08-26

DALVEER BHANDARI, DEEPAK VERMA

body2010
JUDGMENT : 1. During the course of hearing, learned senior counsel for the appellants and the respondents submitted that these appeals raise following substantial questions of law for constitutional interpretation: (1) What is the scope of paragraph 5(1), Schedule V to the Constitution of India? (a) Can the exercise of power conferred therein override fundamental rights guaranteed under Part III? (b) Does the exercise of such power override any parallel exercise of power by the President under Article 371D? (c) Does the power extend to subordinate legislation? (d) Does the provision empower the Governor to make new law? (2) Whether 100% reservation is permissible under the Constitution? (3) Whether the notification merely contemplates a classification under Article 16(1) and not reservation under Article 16(4)? (4) Whether the conditions of eligibility (i.e. origin and cut-off date) to avail the benefit of reservation in the notification arc reasonable? 2. According to Order 7, Rule 2 of the Supreme Court Rules, 1966, we deem it appropriate to refer these matters to Hon'ble the Chief Justice of India for constituting a larger Bench for hearing these appeals. 3. The Secretary General of the Supreme Court is directed to place the records of these cases before Hon'ble the Chief Justice for passing appropriate orders.