BREAKING: SUPREME COURT UPHOLDS 10% RESERVATIONS FOR ECONOMICALLY WEAKER SECTIONS (EWS) LIVE UPDATES

Justice Bhat : The fraternity principle is deeply embedded. All individuals go through same natural process. Fraternity awakens humans that despite our differences, the institutions are collective.

Justice Bhat : Permitting breach of 50% would result in compartmentalisation. The rule of right to equality will become right to reservations taking us back to Champakam Dorairajan

Bhat J: I wish to address one point - more as a note. It is pertinent to note of 50% limit breach is principle ground of attack. The Tamil Nadu Backward Class amendment was held to be violative. this judgement may dwell on questions which will be dealt in that case

Bhat J: Therefore, I hold that amendment is valid but for Question 3 the amendment has to go

Bhat J: Reservations in private institutions is not per se violative. These institutions constitute material resources of community in which state has a vital interest

Justice Bhat after referring to statistics : The bulk of the poor belong to classes mentioned in 15(4) and 16(4) (ie poor among SC/ST/OBC categories)

Justice Bhat : The exclusion neglects this principle and strikes the heart of the equality code.

Justice Bhat : By excluding the poor among SC/ST/OBC from economically backward classes, the amendment practices constitutionally prohibited forms of discrimination.

Justice Bhat : The amendment practices constitutionally prohibited discriminations.

Justice Bhat : The characterization of excluding the poor of SEBCs is incorrect. What is described as benefits cannot be understood as free pass, it is a compensatory mechanism to reparate.