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2016 DIGILAW 57 (SC)

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

2016-01-11

ARUN MISHRA, PRAFULLA C.PANT, RANJAN GOGOI

body2016
ORDER : 1. We have read and considered the questions referred to this larger Bench by order dated 26.08.2010. The said questions are as follows :- (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-legislation? extend to subordinate (d) Does the provision empower the Governor to make new law? (2) Whether 100% reservation under the Constitution? is permissible (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 are reasonable? 2. The questions referred as above would require consideration under different provisions of the Constitution. Having regard to the provisions contained in 145(3) of the Constitution, it is our considered view that these aforesaid questions are required to be answered by a five Judges Bench. 3. We direct the Registry to take appropriate orders from Hon'ble the Chief Justice.