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2014 Supreme(SC) 508
SUPREME COURT OF INDIA
J. CHELAMESWAR, SHIVA KIRTI SINGH, JJ.
Ashwini Thanappan
Versus
Dir. of Education & Another
Writ Petition (C) No. 253 of 2014
Decided on : 04-07-2014
For the Petitioner:A. Subba Rao, K.L.D.S. Vinober, Advocates.
Matters involving apparent inconsistencies between prior judicial interpretations with nationwide implications should be referred to the Chief Justice for determination of the appropriate bench strength for adjudication.
Headnote:(A) Constitution of India - Article 27 - Interpretation of law - Inconsistency between judicial pronouncements - Determination of bench strength - Where a submission regarding the inconsistent interpretation of a constitutional provision prima facie requires further examination and the outcome is likely to have implications affecting all States, the matter should be referred to the Chief Justice for directions on the appropriate bench strength to hear the case.
Facts of the case:
A writ petition was filed wherein the counsel for the petitioner submitted that an interpretation of a specific constitutional article was required. It was further contended that there exists an inconsistency between two previous judicial decisions on the subject matter.
Findings of Court:
The Court observed that the submission regarding the inconsistency in legal interpretations prima facie requires further examination. Given that such an examination would have implications across all States, it is desirable to put the States on notice and have the matter heard by a bench of appropriate strength.
Issues: Whether the apparent conflict between previous judicial interpretations of a constitutional provision warrants a referral to the Chief Justice for the constitution of a bench of appropriate strength.
Ratio Decidendi: When a legal issue involves a prima facie inconsistency between prior judgments and possesses implications that impact multiple states, the matter should be placed before the administrative head of the court to ensure the case is heard by a bench of sufficient strength.
Result: Matter directed to be placed before the Chief Justice for appropriate directions.
Legal Category Hierarchy
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constitutional law
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fundamental rights
- article 27
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fundamental rights
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practice and procedure
- reference to larger bench
Judgment :
Issue notice.
It is submitted by the learned counsel for the petitioner that interpretation of Article 27 arises for consideration of this Court. It is also pointed out by the learned counsel that the judgment reported in Pramati Educational & Cultural Trust and Others Vs. Union of India & Ors. 2014(7) SCALE 306 is inconsistent with the judgment of the Constitution Bench of this Court in P.A. Inamdar and Others Vs. State of Maharashtra and Others 2005(6) SCC 537
Prima facie, we are of the opinion that the submission requires a further examination. If such examination is to be undertaken, the implications will have impact on all the States, in which case perhaps it is desirable to put all the States on notice and matter be heard by a Bench of appropriate strength. We, therefore, deem it appropriate to direct the Registry to place the matter before Hon'ble the Chief Justice of India for appropriate directions in the matter.
