The reservation for the economically weaker section has received wider political support, and now with the Supreme Court’s pronouncement in its favour has made it infallible. However, the judiciary is under scrutiny for ignoring the historical context and constitutional principles under which the prospect of social justice policy is constituted. Interestingly in the Court’s 3:2 bench decision, the two judges in opposition have raised pertinent questions on the ethical aspect of the reservation policy. It appears that the sole criterion of economic backwardness would not supplement the constitutional principles and will defeat the basic purpose of the reservation policy.