Former CJI B.R. Gavai revealed he was criticised by his own community for holding that the creamy layer principle should apply to SC reservations. He linked his stance to Ambedkar’s real vision of social and economic justice.
Today, On 26th November, Supreme Court responded to a PIL seeking proportional representation of women, queer individuals, lawyers with disabilities, and members of marginalized communities in the Bar Council of India and State Bar Councils. The court has now issued notice in the matter.
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.
Former CJI U U Lalit said the Right to Education is a powerful example of affirmative action that transformed millions of lives and boosted India’s literacy. He highlighted how judicial interpretation and legislative action together made education a fundamental right.
CJI BR Gavai shared how India’s Constitution turned his life from exclusion to equality. Speaking in Vietnam, he urged the legal community to make diversity and inclusion a living reality, not just an idea.
Chief Justice of India Bhushan Gavai emphasizes the importance of sub-categorisation within SC/ST groups to ensure that affirmative action benefits reach truly deserving individuals. His tenure focuses on reducing case backlog, improving infrastructure, and promoting social justice. Justice Gavai’s notable rulings reflect his commitment to constitutional integrity and equality in the legal system.
At Oxford Union, CJI Gavai described the Constitution as a “quiet revolution empowering the marginalised,” stressing its transformative strength in ensuring justice, equality, and dignity for those historically denied voice, rights, and representation in society.
Uttar Pradesh CM Yogi Adityanath criticized Aligarh Muslim University for its 50% Muslim reservation, questioning its fairness to SCs, STs, and OBCs, despite central funding. He emphasized the need for equal opportunities as mandated by the Constitution and pointed out political parties hindering favorable policies for electoral gain.
The Supreme Court, today (24th Sept) led by Chief Justice D.Y. Chandrachud, will review petitions on Sept 24 concerning sub-classification within Scheduled Castes for reservation benefits. The Court had previously ruled that states can implement such classifications based on data demonstrating backwardness. This decision overturned a past ruling affirming SCs as a homogeneous class.
Today(on August 1st), The Supreme Court of India has called for identifying the “creamy layer” within Scheduled Castes and Scheduled Tribes to exclude more privileged individuals from reservation benefits. This measure seeks to ensure that affirmative action supports the most disadvantaged members of these groups.
