New Delhi: Chief Justice of India BR Gavai on Sunday reiterated his stand that the creamy layer should be excluded from reservation benefits for Scheduled Castes, a position he has publicly supported despite criticism.
Speaking at an event titled “India and the Living Indian Constitution at 75 Years,” Gavai argued that the children of senior bureaucrats cannot be placed on the same footing as those of poor agricultural labourers while determining reservation eligibility.
Gavai said he had previously expanded upon the principles laid down in the Indra Sawhney judgment on OBC reservations and suggested that a similar approach should apply to the Scheduled Castes. He acknowledged that his view attracted significant criticism but maintained that judges are not required to defend their judgments.
The CJI noted that he is a week away from retirement and recalled that his first function after taking charge was held in Amravati, Maharashtra, while his final event happened to be in Amaravati, Andhra Pradesh.
Gavai had earlier observed in 2024 that states should create a policy framework to identify the creamy layer within SC and ST communities and limit reservation benefits accordingly.
He emphasised that the Constitution is a living and evolving document, reflecting Dr BR Ambedkar’s vision of an organic framework capable of adapting through amendments under Article 368. He pointed out that while some criticised the Constitution for being too easy to amend, others found certain amendments too difficult because they require approval from Parliament and half the states.
Gavai urged law students to read Ambedkar’s speeches during the presentation of the draft Constitution, describing them as essential for understanding foundational principles. He highlighted Ambedkar’s belief that equality without liberty hampers human aspiration, and liberty without equality creates dominance by the powerful. According to him, equality, liberty and fraternity together form the basis of social and economic justice.
The Chief Justice said India’s constitutional framework has enabled individuals from marginalised communities to reach the country’s highest offices, including two Presidents from Scheduled Castes and the current President from a Scheduled Tribe.
Reflecting on his own journey from a modest background and a municipal school in Amravati, he said the Constitution made it possible for him to rise to the highest position in the judiciary and contribute to nation-building.
He concluded by reaffirming that justice, liberty, equality and fraternity form the four essential pillars of the Indian Constitution.
