Outgoing CJI BR Gavai strongly defended his 2024 judgment on applying the creamy layer principle to Scheduled Castes, saying real equality must consider social and economic reality. He stressed that political interference often overrides constitutional logic and true justice.
Chief Justice of India BR Gavai, on his last working day, addressed the farewell function organised by the Supreme Court Bar Association (SCBA) and spoke openly about his life, his legal career, and the controversy surrounding his 2024 judgment on applying the creamy layer principle to Scheduled Castes.
In very clear words, he defended his stand and explained the deeper meaning of equality under the Constitution, while also sharing personal moments and emotions.
CJI Gavai said he was heavily criticised within his own community for the 2024 ruling. However, since he is no longer performing judicial duties, he felt free to explain his reasoning openly.
He explained how the idea of equality should be understood in a practical and fair sense, not just on paper.
He sid,
“I gave an example that whether son of a chief secretary studying in the best of colleges in Delhi, St. Stephen’s, can he be made to compete with a son of an agricultural labourer studying in a gram panchayat or zila parishad school. Article 14 believes in equality but equality does not mean equal treatment to all. Dr Ambedkar said if we give equal treatment to all, rather than reducing inequality, it will lead to further inequality. Therefore a special treatment to those lagging behind is what the equality concept demands,”
He also shared a deeply personal incident where one of his own law clerks, belonging to the Dalit community, read the judgment and felt morally compelled to give up the benefits of reservation.
This incident, according to him, showed the true understanding of the judgment’s spirit.
CJI Gavai sad,
“I ask a question myself as to whether a person residing in tribal area, belonging to a Scheduled Caste category, having no means for higher education, can he be made to compete with my son who because of his father’s office and father’s achievements is entitled to best of schooling and best of education.. would that be equality in true sense or would it permeate inequality? However at times politics plays more important role than the logic. But I am happy When I penned down that judgment, one of my own law clerk, who is a son of a senior officer in Maharashtra and belonging to Scheduled Castes, said ‘all the time the issue troubled me that I get best of education, then why should I get benefit of Scheduled Caste.’ He said ‘hereinafter ‘ will not take any benefit of Scheduled Caste’. So that one boy understood what politicians refuse to understand for the reasons best known to them,”
He again repeated the core question about real equality, stressing that a privileged background should not be compared with the struggles of genuinely marginalised people.
“I ask myself whether a person from tribal area belonging to a Scheduled Caste category and having no means for higher education, can be made to compete with my son, who because of his father’s office, is entitled to best of education. CJI BR Gavai”
During his speech, the outgoing Chief Justice also spoke about his personal journey and expressed heartfelt gratitude towards his parents and the Constitution of India, which, he said, guided him throughout his life.
He said,
“I came into the legal profession because of my father. There was also a possibility that I would have followed him into politics, but I am grateful to destiny that something happened in 1990 that made me choose to concentrate fully on practice and leave other interests. My mother imbibed the principles of hard work and virtues of dignity of labour, dignity of any work. Those values that my parents gave me will always remain with me, and I will always be grateful to them,”
He revealed that his professional journey included 18 years as a lawyer and more than 22 years as a judge, marking over four decades of dedication to the judiciary.
He said,
“In this journey of more than 40 years, I have always been carried by the Constitution. Each one of you, as members of the Bar, has always been close to my heart,”
He further stated that through all these years, he tried to remain loyal to his oath and committed to justice, even when some of his judgments attracted criticism.
CJI Gavai said,
“I am happy that in my journey of 40 years.. I have been content. Though one of my judgments have been criticised I didn’t respond to the criticism or answer it since my work over three years stands testament to it,”
In the concluding part of his speech, CJI Gavai shared his future plans and said he wished to spend his time working for tribal communities, who, according to him, are very close to his heart.
At the same function, CJI-designate Justice Surya Kant paid rich tribute to Justice Gavai, praising his leadership, humility, and deep commitment to constitutional values.
Justice Kant said,
“His tenure stands as a testament to humility in power, clarity in purpose, and responsibility. He has guided the institution through challenges with a steady hand and a kind heart, preferring harmony over friction and consensus over confrontation. His judgments showed an unerring attentiveness to the person behind every case file. For him, litigation was never an abstraction. Every dispute represented someone’s hurt, someone’s struggle, someone’s search for justice. It was this sensitivity that shaped his reasoning and lent his decisions a moral clarity that touched everyone who read them. But more than his judgments, it is the tone he set that defines his legacy. Gentle, inclusive, and deeply human,”
Justice Kant further highlighted that Justice Gavai restored faith in the judiciary as a place of conscience and healing, not just law.
He added,
“For this, the institution stands in gratitude before you, Justice Gavai. If I were to choose one defining quality, it would be his instinctive ability to heal. He bridged divides between differing perspectives, between administrative expectations, and occasionally between competing constitutional values. He believed that institutions grow through dialogue, empathy, and trust, not through rigidity or distance. Under his stewardship, we witnessed a strengthening of institutional harmony and a culture of respect and mutual assurance among all stakeholders,”
Speaking about his own upcoming tenure as Chief Justice, Justice Kant assured the Bar of cooperation and mutual respect.
“I assure the Bar that your concerns will be heard, your suggestions welcomed, and your role respected. Our institution functions not as separate pillars but as a shared guardianship of constitutional values. Attorney General for India R Venkataramani, SCBA President Vikas Singh and SCBA Secretary Advocate Pragya Baghel also spoke at the function.”
Attorney General R Venkataramani also praised Justice Gavai’s contribution towards strengthening judicial independence and improving service conditions for judges.
“CJI Gavai has worked for improving conditions of service for judges, always remaining alive to the principles of judicial independence and separation of powers. Did he ever place personal projections above humility? Did he ever believe that public acclaim of what is done is more important than what truly needs to be done? The answer to both is a clear no, and that is what gives him a special place in the chronicles of this Court. Especially at a time when the Court is increasingly called upon to tackle an extraordinary range and wide range of issues of public policy.”
The farewell ceremony thus became a powerful moment reflecting CJI BR Gavai’s legacy — a legacy rooted in constitutional morality, compassion, fairness, and his strong belief that true equality means recognising real social differences and correcting them with reason and humanity.
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