Yes, this is the question that a five-judge bench of the Supreme Court of India has referred to a larger bench of 7 judges. The Supreme Court bench on Thursday held that the 2004 decision of a coordinate bench of E V Chinnaiah vs State of Andhra Pradesh requires to be revisited before referring it to the Chief Justice for placing it before an appropriate larger bench. The constitution bench comprising five SC judges observed that since in Indian federal structure the State Governments have the power to make reservations according to their demographic assessment, they also can sub-classify it. Chinnaiah vs State of Andhra Pradesh, (2005) 1 SCC 394 the Punjab and Haryana High Court held this provision as unconstitutional. A three-judge bench of the supreme court had referred the matter to the Constitution Bench citing that submission of the E.V.

Source: dna August 27, 2020 07:52 UTC