CJI BR Gavai Reasserts: Children of Top Bureaucrats Cannot Be Compared to Poor Labourers in Reservation Debate
In the final days of his tenure, Chief Justice of India BR Gavai firmly reiterated his controversial position on introducing the “creamy layer” concept into Scheduled Caste (SC) reservations. Speaking at a public event in Amaravati, Andhra Pradesh, he argued that the children of privileged professionals—such as senior IAS officers—cannot be treated on the same footing as the children of economically deprived agricultural labourers.
Gavai Defends His Polarising Reservation Judgment
Reflecting on his earlier ruling, CJI Gavai stated that the principle applied in the Indra Sawhney judgment for OBCs should logically extend to Scheduled Castes as well.
He acknowledged the criticism his judgment faced, but noted that, although judges are not expected to justify their decisions publicly, he felt compelled to clarify his view before retiring.
He also highlighted India’s evolving social landscape, pointing to rapid progress in equality movements and the growing national criticism of gender discrimination.
Justice Surya Kant will assume office as the next Chief Justice of India.
Historical Stand: Identifying a Creamy Layer Within SC/ST Groups
Justice Gavai has long argued that states must establish mechanisms to identify the economically advanced sections within SC/ST communities and prevent them from monopolizing reservation benefits.
He maintained that sub-classification within SC/ST groups is legally permissible and helps ensure that affirmative action reaches those who genuinely need it.
Quoting Dr. B.R. Ambedkar, he reminded the audience:
“Without social democracy, political democracy holds no value.”
He emphasized that reservation should uplift the most disadvantaged sections, not only a limited few.
Centre’s Position on the Creamy Layer Question
In 2024, the Union Cabinet clarified that the Constitution—under the framework created by Dr. B.R. Ambedkar—does not expressly provide for a “creamy layer” concept in SC/ST reservations. Union Minister Ashwini Vaishnaw reaffirmed that reservation policies for SCs and STs must strictly follow constitutional intent and established legal boundaries.
