The Madras High Court has now referred to a larger bench an issue pertaining to challenging the removal of “Education” from the State List to the Concurrent List. The Bench has directed the registry to place the note on the administrative side before the Acting Chief Justice for the constitution of a Full Bench.
The petition submitted by Aram Seyya Virumbu Trust stated that education should be a State subject as the state was best suited to determine the needs of the people, as stated in a report by LiveLaw. It challenged the transfer of subject “Education” from List II to List III stating that it has resulted in upsetting the federal structure that was envisaged by the makers of the Constitution, as stated by reports.
The Bench was headed by Acting Chief Justice M Duraiswamy and Justice Sunder Mohan.
Senior Counsel NR Elango, who was appearing for the petitioner, stated during the hearing yesterday, September 15, that as the court has observed that the matter pertains to a vintage constitutional amendment, thus, it would be appropriate that the issue be decided by a larger bench, as per LiveLaw.
The court, therefore, decided to refer the matter to a larger bench to decide the fate of legal questions put forward by the petitioners regarding the matter, as per LiveLaw.
