New Delhi: As the Centre asked the Supreme Court to transfer the OBC reservation case to a Constitution Bench, the two-judge bench hearing the case directed all parties to formulate questions that can be considered by a larger bench.
Giving this direction, the bench headed by Justice Arijit Passayat posted the matter for further hearing on 9 May 2007 after Solicitor General G Vahanvati made a fresh plea for referring the reservation case to a Constitution Bench.
The bench, which also comprised Justice L K Panta, resumed hearing in the matter in the morning as Vahanvati pleaded that the two-judge Bench cannot adjudicate the matter as it involved substantive question of Constitutional law.
The bench made it clear that it was not averse to referring the matter to a Constitution Bench. However, it wondered whether the matter required reference to a Constitution Bench as many acts are routinely assailed before the courts.
In other words, the courts pointed out, that many statutory laws were challenged for their Constitutional validity but were not necessarily referred to the Constitution Bench.