Justice Ravindra Bhat – the hand behind two key constitution bench judgments

The Supreme Court of India

Justice Sripathi Ravindra Bhat (SR Bhat), who retired from the Supreme Court judgeship on October 20, is known for the broad spectrum of judgments he has authored on various subjects of law.

In 2022 and 2023, he delivered two constitution bench judgments where his stand on the issue either stood out as a dissent or was accepted as a majority. In 2022, he along with the then Chief Justice of India (CJI), Uday Umesh Lalit, were the only judges who dissented with the judgment upholding the validity of reservation for the Economically Weaker Sections (EWS). In 2023, he along with Justices Hima Kohli and P S Narasimha dissented with the CJI’s ruling on holding the right to civil union. He also ruled that unmarried couples cannot adopt.

While the CJI stood with his judgment against the constitutional validity of exempting SCs and STs from the EWS quota, the CJI wrote a judgment critical of his opinion in the same sex marriage case.

Who is Justice Ravindra Bhat?

A junior in the chamber of senior advocate, C S Vaidyanathan, Bhat studied B A (Hons.) in English from Hindu College and obtained an LL.B. degree from the Campus Law Centre, Faculty of Law, University of Delhi, in 1982.

Bhat, who was a prominent lawyer in the field of taxation and constitutional law in the Delhi High Court and the Supreme Court, was elevated as judge of the Delhi HC in 2004. He was then made the Chief Justice of the Rajasthan High Court briefly between May 2019 and September 2019 before being elevated as a judge of the Supreme Court.

During his stint as a judge, Bhat authored judgments on various laws from taxation to constitutional rights to prisoner rights and gender sensitisation. In 2021, Bhat authored a judgment which mandated that both judges and lawyers must undergo a gender sensitisation programme which aims at imparting techniques for judges to be more sensitive in hearing and deciding cases of sexual assault, and eliminating the entrenched social bias and misogyny.

One of his last judgments as a judge of the Supreme Court was on the validity of international treaties on taxation when they are not incorporated in the local law of a country. Bhat had ruled that to implement a Double Taxation Avoidance Agreement (DTAA) with a country, it must also be notified in India.

The story of two constitution bench judgments:

After U U Lalit took the reins as the CJI in August 2022, he announced that the Supreme Court would clear long pending constitution bench cases. One of the first cases to be heard by a bench led by CJI Lalit was the challenge to the constitutional validity of exempting SC/STs from EWS reservation.

The bench heard the cases at breakneck speed and the judgement was delivered on the day of CJI Lalit’s retirement in November. Bhat authored the judgment for himself and the CJI. Like the same sex marriage judgment, EWS judgment also had four opinions, the validity of EWS was upheld by a 3:2 ratio, three judges upholding the validity and two dissenting. Justice Bhat held that exempting SC and ST from EWS reservation was against constitutional principles, the then CJI agreed with him.

In March 2023, CJI DY Chandrachud constituted a five -judge constitution bench to hear petitions seeking legal sanction for same sex marriage. This bench included Justice S K Kaul and Bhat, both his batch mates from law college. The bench reserved this case for judgment in April 2023, and delivered it six months later in October.

The same sex marriage judgment played out differently, it was delivered days before Justice Bhat’s retirement and he dissented with the CJI. In fact, CJI Chandrachud and Bhat would specify the portions on which they disagree with each other. Bhat’s judgment became the law as two other judges stood with his view, making it the majority. Bhat ruled against the freedom of civil union in the constitution and also disagreed with CJI’s judgment on permitting unmarried couples to adopt.