CJI B.R. Gavai reiterated his support for applying the creamy layer rule to Scheduled Caste reservations, saying privileged SC families should not receive the same benefits as the poorest. His remarks, made days before retirement, revive a major national debate on affirmative action.
Chief Justice of India B.R. Gavai on Sunday, November 16, 2025, said that he still supports applying the “creamy layer” rule to reservation benefits for Scheduled Castes.
He was speaking at a programme titled India and the Living Indian Constitution at 75 Years, where he explained why economic and social advancement within the SC community should be considered while granting reservation.
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During his address, the CJI said that all individuals belonging to the SC community cannot be treated as one single block when it comes to reservation benefits, especially when there is a big gap in their economic and social status.
He pointed out that children from highly privileged SC families should not be compared with children of extremely poor SC families. He stated,
“children of an IAS officer can not be equated with the offsprings of a poor agricultural labourer when it comes to reservations.”
Justice Gavai also referred to his earlier judicial opinion supporting the application of the creamy layer rule—presently applicable to OBCs—to SCs as well.
He recalled,
“I also went further and took a view that the concept of creamy layer, as has been found in the judgment of Indra Sawhney (vs Union of India & Others). What is applicable to the Other Backward Classes, should also be made applicable to Scheduled Castes, though my judgment has been widely criticised on that issue.”
He stressed that judges usually do not have to justify their judgments in public and added that he is close to retirement.
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He remarked,
“But I still hold that judges are not supposed to normally justify their judgments, and I still have about a week to go [retirement].”
Justice Gavai further said that over the years, India has seen greater acceptance of equality and women’s empowerment. According to him, the discrimination faced by women is now being widely criticised and challenged, marking an important shift in society’s approach to justice and equal rights.
Reflecting on his time as Chief Justice, Justice Gavai shared a personal observation about the events he attended throughout his tenure.
He said,
“before he is set to end his journey as the Chief Justice in a couple of days, the last function that he attended happened to be again at Amaravati of Andhra Pradesh while the first one after becoming the CJI was at his native place Amravati in Maharashtra.”
The CJI has consistently maintained this stand. In 2024, he had observed that states should create a clear policy to identify the creamy layer even within the SC and ST communities.
According to him, those who fall within the creamy layer should not receive reservation benefits as the purpose of affirmative action is to uplift those who remain disadvantaged. At the event, he reiterated this view and emphasised the need for a fair and well-defined system.
Justice Gavai’s remarks once again bring the national debate on reservation and creamy layer into focus, especially as he is set to retire within a week.
His comments are likely to spark discussion in legal, political, and social circles regarding whether the creamy layer principle should be extended to SC/ST reservations and how it may reshape affirmative action policies in India.
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