LAWS(SC)-2000-5-102

CENTRAL FOR PIL Vs. UNION OF INDIA

Decided On May 02, 2000
CENTRE FOR PUBLIC INTEREST LITIGATION Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Learned Senior Counsel for the petitioner produced before us a draft amendment of the prayer in the writ petition. At his request, draft amendment is allowed. The Writ Petition is permitted to be amended accordingly.

(2.) As the majority judgment of a five-Judge Bench in P. V. Narasimha Rao v. State (CBI/ reported in (1998) 4 SCC 626 is brought challenge in this petition under Article 32 of the Constitution of India and as learned Senior Counsel for the petitioner invited our attention to another Constitution Bench judgment in Supreme Court Bar Association v. Union of India and Anr. reported in (1998) 4 SCC 409, on the question or maintainability of such a petition and as he further submitted that he only wants a declaration regarding the correctness of the constitutional position and also prays that such a declaration, if any, may be given only prospective effect, we deem it fit to direct that this matter be placed before a Bench of five learned Judges for consideration. The Office is directed to obtain appropriate orders of the hon'ble the Chief Justice of india in this connection.