The Madras High Court on Thursday referred to a larger bench, a plea filed by DMK Member of Legislative Assembly (MLA), Dr. Ezhilan Naganathan which sought to restore education back from the Concurrent List to the State List. [Aram Seyya Virumbu Trust v UOI]..A division bench of Acting Chief Justice M Duraiswamy and Justice Sunder Mohan referred Naganathan's plea to a Full Bench noting that the matter involved constitutional issues."Mr.N.R.Elango, learned Senior Counsel appearing for the petitioner submitted, that this Court while hearing the matter for admission on 14.09.2021 observed that the matter is of some importance as it pertains to a constitutional amendment of some vintage and the petitioner seeks deletion of "Education" from the Second List and its inclusion in the Third List in the Seventh Schedule to the Constitution and the same goes against the basic structure of federalism that the Constitution espouses," the court said in its reference order..The plea moved by the MLA challenged the validity of Section 57 of the Constitution (42nd Amendment) Act, 1976 which deleted Entry 11 of List II (State List) of the Seventh Schedule to the Constitution, and transferred the subject of education to List III (Concurrent List)..As per the plea, Section 57 of the Constitution breached the basic structure doctrine, as it resulted in upsetting the federal structure, which had been originally envisaged by the framers of the Indian Constitution.The counsel for the petitioner submitted a memo and sought a reference to a full bench. The memo raised questions over violations of the basic or federal structure of the Constitution in dealing with the subject ‘education’ at non-graduate level. Advocate General R Shunmugasundaram also agreed that the issue should be referred to a Full Bench.Accordingly, the division bench directed the Registry to place a note before the Acting Chief Justice for consisting a Full Bench to hear the matter. Senior advocate NR Elangao appeared for the petitioner.