CJI Gavai Advocates Exclusion of Creamy Layer in SC Reservations

Chief Justice of India (CJI) BR Gavai has voiced his strong support for the exclusion of the creamy layer from reservations granted to Scheduled Castes. Speaking at the program titled “India and the Living Indian Constitution at 75 Years” in Amaravati on Sunday, he emphasized the disparity between the children of affluent individuals, such as IAS officers, and those from economically disadvantaged backgrounds, like agricultural laborers.

During his address, CJI Gavai defended his previous judgment regarding this issue, stating, “I also went further and took a view that the concept of creamy layer…should also be made applicable to Scheduled Castes, though my judgment has been widely criticized on that issue.” He added that judges are not typically obligated to justify their rulings, remarking, “I still have about a week to go until retirement.”

Reflections on Women’s Empowerment and Constitutional Evolution

In addition to addressing reservations, CJI Gavai discussed the progress of equality and women’s empowerment in India. He noted that societal discrimination against women has faced increasing scrutiny over the years. This public appearance may have been one of Gavai’s final engagements before his upcoming retirement, marking the end of a significant chapter in his judicial career.

The Chief Justice also emphasized the dynamic nature of the Indian Constitution, describing it as an evolving document rather than a static framework. He referenced Dr BR Ambedkar, the principal architect of the Constitution, who envisioned it as a “living document.” CJI Gavai highlighted that Article 368 allows for constitutional amendments, reinforcing the idea that the document must adapt to changing societal needs.

He urged law students to study Dr Ambedkar’s speeches delivered during the presentation of the draft Constitution, deeming them essential for understanding the foundational principles of Indian law.

A Personal Journey

Reflecting on his own life, CJI Gavai shared insights from his personal journey, which began in humble circumstances and culminated in his role as the head of the judiciary. He attributed his success to the opportunities provided by the Constitution of India, stating that it exemplifies how hard work and dedication can lead to significant achievements, regardless of one’s background.

His comments resonate with many in the nation, particularly those who advocate for social justice and equality. As he prepares to step down, CJI Gavai’s legacy includes his commitment to ensuring that all individuals, regardless of their socioeconomic status, have equal access to justice and representation under the law.