CJI B.R. Gavai said the Supreme Court’s judgment on quota sub-categorisation ensures that the most marginalised among Dalits get their fair share in government jobs and admissions to educational institutions, promoting real equality and justice.
Almost a year after the Supreme Court’s seven-judge bench gave its majority decision in favour of dividing the Scheduled Caste quota into smaller categories, India’s second Dalit Chief Justice, B. R. Gavai, said that the judgment made sure the most backward Dalit communities got a fair share in government jobs and admission in government educational institutions.
Speaking at the Oxford Union on Tuesday night about “From Representation to Realisation: Embodying the Constitution’s Promise,” CJI Gavai entered the uncommon territory of a judge publicly discussing his judgment.
The decision made by the seven-judge bench, authored by Justice Gavai, allowed states to sub-categorize castes within Scheduled Castes based on socio-economic disadvantages and under-representation in government jobs, ensuring that the broader 15% quota benefits the most marginalized.
The court instructed governments to establish criteria to exclude the ‘creamy layer’ among Scheduled Castes from accessing reservations.
The justification for this suggestion was that children of civil servants and others who had ascended the socio-economic ladder and received quality education should not qualify for the quotas.
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In his address, CJI Gavai articulated that the Supreme Court’s endorsement of sub-classification within quotas for Scheduled Castes “was not to question the relevance or success of reservations, but to ensure that the most marginalised within marginalised groups receive their fair share.”
He reflected on the progress made since the time when millions of citizens in India were labeled untouchables, stating,
“Here we are today, where a person belonging to those very (untouchable) people is speaking openly, as the holder of the highest office in the judiciary of the country.”
He attributed this progress to the Constitution of India, which, according to him, assured the people of India that they belong, can voice their opinions, and hold an equal position in every domain of society and power.
He emphasized that this advancement was made possible because the Constitution’s chief architect, Dr. B. R. Ambedkar, made inclusivity and equality foundational to its values and guarantees.
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