CJI Gavai calls sub-categorisation within SC/ST groups a major judicial step to ensure true social justice. He says it prevents dilution of affirmative action benefits.
Nagpur: On June 28, Chief Justice of India (CJI) Bhushan Gavai, during his recent visit to Raj Bhavan in Nagpur, called one of the most important decisions of his judicial career the Supreme Court’s move to apply the “creamy layer” principle to Scheduled Castes (SC) and Scheduled Tribes (ST).
He said this change was necessary to strengthen social justice in India and ensure that reservation benefits reach the truly deserving.
In an exclusive interaction with The Times of India, the CJI explained that
“Treating children of high-ranking SC/ST officers at par with those from truly disadvantaged families dilutes the purpose of affirmative action. Identifying the creamy layer ensures that benefits reach the most deserving.”
This observation was part of a ruling in a Public Interest Litigation (PIL) where the Supreme Court allowed sub-categorisation within SC/ST groups to ensure fair and equal distribution of reservation benefits.
Justice Gavai is the second Dalit and the first Buddhist to become the Chief Justice of India. He also shared his views on the importance of maintaining the balance of power among the three branches of government.
Emphasising caution in the judiciary’s approach, he said,
“Judicial activism will stay, but it should not turn into judicial adventurism or judicial terrorism. Parliament enacts laws, the executive implements them, and the judiciary ensures compliance with the Constitution. Overstepping by any branch disturbs this balance.”
He added,
“The Constitution is not just a legal document, it is a tool for social transformation. It has withstood global and domestic upheavals due to its strong foundation.”
Justice Gavai was appointed the 52nd Chief Justice of India on May 14, 2025, and will serve for six months. He clarified that he will not be accepting any post-retirement government posts, stating,
“It’s a matter of personal principle.”
He also said that his focus during the short tenure is on reducing the pendency of cases — which has crossed 81,000 in the Supreme Court — and on improving infrastructure in rural and remote court areas to help improve access to justice for common citizens.
During his judicial career, Justice Gavai has authored almost 300 judgments, many of them in high-profile and constitutionally significant matters such as Article 370, electoral bonds, demonetisation, and the freedom of speech.
He was on the Constitution Bench that upheld the abrogation of Article 370, which revoked the special status of Jammu and Kashmir.
Speaking about this decision, he said it was
“consistent with Dr B R Ambedkar’s vision of ‘one nation, one Constitution.’”
Justice Gavai also spoke about a major judgment that had far-reaching impact on commercial law, where the Supreme Court ruled that arbitration clauses remain valid even if the contract is unstamped or insufficiently stamped.
He called this a significant advancement in the legal landscape. Moreover, he was part of the bench that unanimously struck down the electoral bonds scheme, declaring it unconstitutional for being inconsistent with transparency in political funding.
CJI Gavai also remembered a crucial moment when the Supreme Court, under his leadership, stayed remarks made by the Allahabad High Court in a sexual assault case.
He termed those comments as “inhuman” and an example of “judicial insensitivity.” In another major ruling, the Supreme Court declared the arrest of NewsClick founder Prabir Purkayastha illegal due to procedural flaws by the Delhi Police.
As a judge, Justice Gavai also voiced strong opposition to the trend of “bulldozer justice” — a controversial practice where properties of accused persons are demolished before any court conviction.
He stated,
“Such actions go against constitutional protections. Punishment without trial violates every tenet of justice.”
His firm stance influenced the Nagpur bench of the Bombay High Court to stay demolitions carried out during the investigation of the Nagpur riots.
CJI Gavai was also on the bench that granted bail to former Delhi Deputy Chief Minister Manish Sisodia in the liquor policy case. He contributed to several important rulings in areas like environmental protection, wildlife conservation, and the legal protection of trees.
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