Justice S Ravindra Bhat, while giving his verdict on EWS reservation, said that as far as social justice is concerned, SC, ST and OBC category should also be included in it. He said that crossing the limit of reservation is against the basic structure. Justice S Ravindra Bhat, expressing his minority view, disagreed with the constitutional amendment regarding EWS reservation and set it aside. Chief Justice Lalit concurred with Justice Bhat’s view.
What did the remaining 3 judges say on EWS-
Justice Dinesh Maheshwari, while reading out his decision, said that the 103rd Constitutional Amendment cannot be said to violate the basic structure of the Constitution.
Justice Bela M Trivedi said that the 103rd Constitutional Amendment cannot be struck down on grounds of discrimination.
Justice J B Pardiwala concurred with his views and upheld the validity of the amendment.
After hearing the matter, a bench of Chief Justice UU Lalit, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice Bela M Trivedi and Justice JB Pardiwala had reserved the first decision on it. A bench headed by the then Chief Justice of Supreme Court SA Bobde had referred the matter to a Constitutional Bench on 5 August 2020.