Chief Justice Gavai Defends SC/ST Sub-Classification: "True Equality Recognizes Socioeconomic Disparities Within Reserved Categories"

Chief Justice of India BR Gavai expressed these views during his farewell address.

New Delhi:

During his farewell ceremony organized by the Supreme Court Bar Association on his final working day, outgoing Chief Justice of India Bhushan R Gavai, the second Dalit judge to serve as the Supreme Court's Chief Justice, affirmed his commitment to his judgment on sub-classification in SC/ST reservations, despite facing significant criticism from his own community.

Chief Justice Gavai emphasized that the son of a Delhi chief secretary cannot reasonably be expected to compete with the son of an agricultural laborer, highlighting the socioeconomic disparities within reserved categories.

In August 2024, a seven-judge constitution bench of the Supreme Court delivered a landmark six-one majority verdict establishing that Scheduled Castes do not form a homogeneous social class and can be sub-classified by states to provide more targeted reservation benefits to the most disadvantaged among them.

Chief Justice Gavai had contributed a strong concurring opinion explaining the rationale for allowing sub-classification and implementing the creamy layer concept within SC/ST reservations.

He shared a personal anecdote about a Scheduled Caste clerk's son from Maharashtra who approached him while he was drafting the judgment. The young man expressed his decision to forgo SC category benefits because he recognized his privileged position. Chief Justice Gavai remarked that this single individual comprehended what many politicians fail to understand.

"Article 14 upholds equality, but equality doesn't mean identical treatment for everyone. Dr. Ambedkar cautioned that treating everyone exactly the same would increase rather than decrease inequality, thus justifying special provisions for disadvantaged groups. This represents the true essence of equality," he stated.

Chief Justice Gavai also expressed satisfaction with delivering judgment against "bulldozer justice," asserting that legal conflicts do not justify depriving individuals of their fundamental right to shelter.

Regarding his post-retirement plans, Chief Justice Gavai indicated his intention to work with tribal communities in his district.