- (1.) The Constitution of India was amended by the Seventy-seventh Amendment Act, 1995, the Eighty-fifth Amendment Act, 2001 and the Eighty-first Amendment Act, 2000. By these Acts, Articles 16(4), 16(4-A) and 16(4-B) were amended. Thus the Seventy-seventh Amendment Act, 1995 and the Eighty-fifth Amendment Act, 2001 came into effect w.e.f. 17-6-1995 and the Eighty-first Amendment Act, 2000 came into effect on 9-6-2000.
(2.) Subsequent to these amendments of the Constitution various State Governments issued orders/notifications to implement the provisions of the Constitution. These notifications/orders were challenged in various writ petitions and special leave petitions before this Court. In these proceedings the constitutional amendments were also challenged. By the decision of the Constitution Bench of this Court in M. Nagaraj v. Union of India, 2006 8 SCC 212 the constitutional validity of Articles 16(4), 16(4-A) and 16(4-B) was upheld. In the judgment it was directed that various individual writ petitions would be considered by the appropriate Bench in accordance with the law laid down in this decision.
(3.) As various State orders and notifications have been challenged in these writ petitions, we feel that it would be better if these writ petitions be considered by the respective High Courts. The validity of the same be decided in view of the final decision of the Constitution Bench of this Court in M. Nagaraj v. Union of India1.;