The central government today made a fresh plea before the Supreme Court for referring to a Constitution Bench the issue of 27% OBC quota in elite educational institutions contending that the two-member bench cannot adjudicate the matter.
As a bench comprising Justices Arijit Pasayat and Justice L K Panta, resumed hearing in the matter, Solicitor General G Vahanvati pleaded that a two-judge-bench cannot adjudicate the matter as it involved a 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