Politics plays more role than logic: CJI BR Gavai defends his view on creamy layer applicability to SCs
On his last working day as Chief Justice of India, BR Gavai defended his controversial 2024 judgment advocating the application of the creamy-layer principle to Scheduled Castes (SCs). He argued that reservation must target the most disadvantaged within the community, rather than benefit those from already privileged SC families. Gavai illustrated this by comparing a bureaucrat’s child studying in a top Delhi college with a laborer’s child in a rural school, stressing that formal equality does not always mean true fairness. He acknowledged heavy criticism from his own community, but said he was willing to explain his reasoning now that he was retiring. Gavai also expressed how constitutional values have guided his decades-long legal journey, emphasizing dignity, hard work, and empathy.
The Key points
- CJI Gavai defended his 2024 ruling to apply the creamy-layer standard to SC reservations, despite criticism.
- He argued that political motives influenced pushback more than the legal logic of his judgment.
- Gavai used a vivid example: the son of a chief secretary vs. a child of an agricultural laborer, highlighting unequal starting points.
- He quoted Ambedkar, saying equal treatment for all may worsen inequality; special protection is needed for the most underprivileged.
- One of his own SC law clerks, from a well-off background, rejected reservation benefits after reading the judgment.
- Gavai questioned whether it’s fair for an underprivileged SC student to compete with someone from a privileged SC family, underlining the real meaning of equality.
- He admitted that judges typically do not defend their rulings publicly, but made an exception now that he is retiring.
- In his farewell address, he expressed deep gratitude to his parents and the Constitution for shaping his legal career.
- Gavai said he has always tried to stay true to his oath and let his body of work speak for itself, rather than responding to every criticism.
- He also expressed his wish to continue working for tribal communities after his retirement, stating they remain close to his heart
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