CJI BR Gavai Supports Excluding Creamy Layer From SC Reservations

Chief Justice of India BR Gavai on Sunday reaffirmed his stance on excluding the creamy layer in reservations for Scheduled Castes (SCs).

Addressing the programme “India and the Living Indian Constitution at 75 Years”, Gavai observed that children of high-ranking officials like IAS officers cannot be compared with those of poor agricultural labourers when it comes to reservation benefits. “I also went further and took a view that the concept of creamy layer, as has been found in the judgment of Indra Sawhney (vs Union of India & Others). What is applicable to the Other Backward Classes, should also be made applicable to Scheduled Castes, though my judgment has been widely criticised on that issue,” he said, reported PTI.

“But I still hold that judges are not supposed to normally justify their judgments, and I still have about a week to go (retirement),” Justice Gavai added.

The CJI noted that over the years, equality and women’s empowerment are gaining ground in India, and discriminatory practices against them have been strongly criticised.

Reflecting on his tenure, Gavai mentioned that his first function as CJI was in his native Amravati, Maharashtra, while his last programme before retirement was held in Amaravati, Andhra Pradesh.

Justice Gavai stated that in 2024, he observed that states should formulate policies to identify the creamy layer even among SCs and Scheduled Tribes (STs) and deny them reservation benefits if they fall under this category.

Highlighting the evolving nature of the Indian Constitution, he said, “Dr BR Ambedkar always considered that it has to be evolving, organic, and a state-of-the-art living document as Article 368 provides for the amendment of the Constitution.” He added that Ambedkar faced criticism both for giving liberal powers to amend the Constitution and for requiring ratification by half of the states and a two-thirds majority in Parliament.

According to PTI, quoting Ambedkar, Gavai said that equality without liberty removes incentives for personal achievement, while liberty alone may lead to the dominance of the powerful over the weak. He stressed that equality, liberty, and fraternity are essential for social and economic justice in India.

Gavai also acknowledged the role of the Constitution in enabling India to have two Presidents from Scheduled Castes and the current President from a Scheduled Tribe. “Coming from a humble background from a school, predominantly in a semi-slum area in Amravati, a municipal school, I could reach the highest office in the judiciary and contribute in my humble way to nation building only because of the Constitution of India,” he said.

He concluded that the Constitution of India rests on the four pillars of justice, liberty, equality, and fraternity, PTI reported.

(With inputs from PTI)