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Summary:
Chief Justice of India B.R. Gavai reaffirmed his stance on the exclusion of the “creamy layer” from reservation benefits for Scheduled Castes (SC), arguing that the children of affluent individuals should not be treated the same as those from disadvantaged backgrounds. Speaking at a program in Amaravati, Andhra Pradesh, days before his retirement, Justice Gavai defended his controversial view, which he believes is consistent with the principle of creamy layer exclusion applied to Other Backward Classes. He also noted the progress made in women’s empowerment and highlighted the significance of Amaravati as the location of his final event as CJI, mirroring the location of his first event upon assuming the position. He is expected to retire in a week’s time.
News Article:
CJI Gavai Reaffirms Support for “Creamy Layer” Exclusion in SC Reservations Days Before Retirement
Amaravati, Andhra Pradesh – In his final days as Chief Justice of India (CJI), B.R. Gavai reiterated his controversial stance on excluding the “creamy layer” from reservation benefits for Scheduled Castes (SC). Speaking at the “India and the Living Indian Constitution at 75 Years” program in Amaravati on Sunday, Justice Gavai argued that the children of highly placed officials should not be equated with the offspring of poor agricultural laborers when considering reservation eligibility.
“Children of an IAS officer cannot be equated with the offsprings of a poor agricultural laborer when it comes to reservations,” said Justice Gavai.
Justice Gavai defended his position, citing the principle established in the Indra Sawhney case, which applies the concept of creamy layer exclusion to Other Backward Classes (OBCs). He acknowledged the criticism his view has drawn but stood by his belief.
“What is applicable to the Other Backward Classes should also be made applicable to Scheduled Castes, though my judgment has been widely criticized on that issue,” Justice Gavai stated. “But I still hold that judges are not supposed to normally justify their judgments, and I still have about a week to go [retirement].”
The CJI also highlighted the progress in women’s empowerment and criticized historical discrimination against women. He noted the symbolic significance of holding his final event in Amaravati, where his tenure as CJI began.
Justice Gavai is expected to retire within a week. His stance on reservation policy has been a subject of considerable debate, with proponents arguing that it ensures reservation benefits reach the most disadvantaged within the SC community.
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