CJI B R Gavai said he faced criticism from his own community for his ruling allowing sub-classification of Scheduled Castes, but stressed he writes judgments by law and conscience. He also defended excluding the creamy layer and spoke on due process in demolition cases.
Goa: Chief Justice of India B R Gavai on Saturday reflected on the criticism he has faced over his landmark judgment on the sub-classification of Scheduled Castes for reservation. Speaking at a felicitation function organised by the Goa High Court Bar Association in Panaji, the CJI said he has been targeted not only by the public but also by members of his own community.
CJI Gavai said,
“The earlier speakers have also spoken about my judgment on sub-classification… I have been widely criticised for the said judgment from people belonging to my own community, but I always believed that I have to write my judgment not by the demands of the people or desires of the people, but as the law as I understand and as per my own conscience.”
In August 2024, a seven-judge Constitution Bench delivered a historic 6–1 majority ruling that Scheduled Castes do not form a single socially homogeneous group.
The judgment clarified that states are empowered to create sub-classifications within Scheduled Castes to ensure that the most disadvantaged sections among them receive the benefit of reservation.
On the debate over excluding the creamy layer from Scheduled Castes and Scheduled Tribes, the CJI said,
“The question that I had put to myself was that the son or daughter of a person who gets education in the best of the schools in Mumbai, or in Delhi… Can he be equated with the son or daughter of a mason or an agricultural labourer residing in a village and who takes education in a zilla parishad or gram panchayat school?”
He further said,
“The Article 14 of the Constitution does not mean that equality amongst all equals.”
Explaining his reasoning, the CJI said,
“What is contemplated is that an unequal treatment to unequals so that they become equal, is what our Constitution promises. And therefore, by putting a child of a labourer residing in a village and a child of a chief secretary residing in Mumbai and studying in the best of the schools and the best of facilities, my view was that it hits at the very basic concept of equality, and fortunately, my view is supported by three other Honourable judges of the SC.”
CJI Gavai also spoke about another recent ruling of the Supreme Court which issued strict guidelines to prevent arbitrary demolitions of citizens’ homes by state authorities. Referring to the principle of separation of powers, he said,
“If the executive itself is permitted to be a judge, then we will be hitting at the very concept of the separation of powers.”
On the demolition judgment, he said,
“The widely talked about demolition judgment. We were perturbed by the fact that… people who were not even tried… their houses were being demolished without following the due procedure of law. And we held that… the members of the family who reside in the house, they also are made to suffer for no fault of theirs. And even if a person is convicted, still he is entitled to the rule of law and the rule of law… I am happy that we could lay down the guidelines.”
The CJI added,
“We could prohibit the executive not to become a judge. Our Constitution recognizes the separation of powers of the executive, judiciary and the legislature and if the executive itself is permitted to be a judge, then we will be hitting at the very concept of the separation of powers.”
Looking back at his judicial career, CJI Gavai said he felt satisfied with his contribution.
“I am happy that in my journey as a judge for the last 22-23 years, I could contribute a bit in the march of the Indian Constitution, or India, towards social and economic justice.”
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