Noting the Maharashtra government’s claim that the principal question of the principle of interpretation of the 102nd Constitutional Amendment would affect the legislative competence of all states, the Supreme Court on Monday issued notice to all states in the Maratha reservation case and The hearing was adjourned till 15 March. A five-judge bench headed by Justice Ashok Bhushan said AG K K Venugopal also held the view that the states should be heard. The bench considered that the issues that arise for its consideration are whether the Indra Sawhney judgment (Mandal Commission case) needs to be reconsidered by a larger bench, whether the said decision covers the issue of Maratha reservation, whether The 102nd Amendment affects the federal structure that deprives states of their structure in relation to the SEBC.
Senior advocate V Giri drew the attention of the bench to an important petition challenging a similar act in the state of Haryana, which was heard by a bench headed by Justice AM Khanwilkar and asked to be referred before the Constitution Bench.
Giri said that the writ petition for direction with reference to the Constitution Bench was to be listed before Justice Khanwilkar Bench on Friday but since the bench was not sitting, no order was passed. He prayed that the state of Haryana be served and that the matter be listed here.
