Chief Justice BR Gavai Advocates for Creamy Layer Exclusion in Scheduled Caste Reservations: Constitutional Perspective

Chief Justice of India BR Gavai reaffirmed on Sunday his stance supporting the exclusion of the creamy layer in reservations for Scheduled Castes.

Speaking at an event titled "India and the Living Indian Constitution at 75 Years" in Amaravati, Justice Gavai emphasized that there should be a distinction between privileged and underprivileged individuals within reserved categories.

He articulated his position clearly: "I also went further and took a view that the concept of creamy layer, as has been found in the judgment of Indra Sawhney versus 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."

Justice Gavai illustrated his point by noting that children of IAS officers cannot be equated with those of impoverished agricultural laborers when considering reservation benefits.

Despite facing criticism for this position, the Chief Justice stood firm, remarking, "Judges are not supposed to normally justify their judgments, and I still have about a week to go before retirement."

He observed that women's equality and empowerment have gained significant momentum in India over the years, with strong criticism against discrimination they have faced historically.

The CJI noted the symbolism in his career trajectory, with his last official function taking place in Amaravati, Andhra Pradesh, while his first event after becoming Chief Justice was in his native Amravati, Maharashtra.

Earlier in 2024, Justice Gavai had stated that states should develop policies to identify the creamy layer among Scheduled Castes and Scheduled Tribes, recommending that such individuals be excluded from reservation benefits.

Describing the Indian Constitution as a living document rather than a static text, Justice Gavai referenced Dr. BR Ambedkar's vision of the Constitution as an evolving, organic framework, pointing to Article 368 which provides amendment mechanisms.

He reflected on criticisms faced by Dr. Ambedkar regarding constitutional amendment powers – some considered them too liberal, while others found the requirement of state ratification and parliamentary supermajority too restrictive.

Justice Gavai emphasized the importance of Dr. Ambedkar's addresses during the presentation of the draft Constitution, calling them essential reading for all law students.

Quoting Ambedkar, he explained that equality without liberty removes incentives for excellence, while liberty alone leads to the dominance of powerful over weaker sections. He stressed that the trinity of equality, liberty, and fraternity is essential for achieving social and economic justice.

The Chief Justice credited the Constitution for enabling India to have two Presidents from Scheduled Castes and the current President from a Scheduled Tribe.

Sharing his personal journey, Justice Gavai stated: "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 concluded by emphasizing that the Indian Constitution stands firmly on four pillars: justice, liberty, equality, and fraternity.