Reference to Larger Bench - Constitutionality of 93rd Constitution Amendment and Central Educational Institutions (Reservation in Admission) Act, 2006, challenged in Supreme Court - In view of importance of the issues involved, questions framed and referred to Larger Bench - 93rd Constitution Amendment Act, 2005 - Central Educational Institutions (Reservation in Admission) Act, 2006 - Constitution of India, 1950 - Articles 15(5) and 145(3) - Supreme Court Rules, 1966 - Order 35.

By 93rd Constitution Amendment Act, 2005, Article 15(5) was inserted in Part III of the Constitution empowering the Government to make special provisions providing for reservations in educational institutions. Central Educational Institutions (Reservation in Admission) Act, 2006 was enacted thereafter. Present Writ Petitions were filed challenging the same. On behalf Union of India it was submitted that in view of Article 145(3) of Constitution of India and Order 35 of Supreme Court Rules, 1966, the petitions should be heard by Constitution Bench as the same not only raise substantial question of law, but also interpretation of the Constitution.

 Petitioners objected to the submission on the ground that the issues raised were covered by various decisions of this court especially Indra Sawhney v. Union of India and Ors., [1992) Suppl. 3 SCC 217 and no substantial questions of law were involved as is evident from the counter affidavit filed by Union of India.