CJI Gavai Defends Creamy Layer Judgment, Stresses Importance of Real Equality in India

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Chief Justice of India BR Gavai has come under fire from within his own community for a 2024 judgment that applied the creamy layer principle to Scheduled Castes. In his farewell address to the Supreme Court Bar Association, CJI Gavai defended the ruling, stating that it aimed to achieve real equality in the country by identifying and excluding the privileged among Scheduled Castes and Tribes from affirmative action. Gavai emphasized that equality under Article 14 does not mean treating everyone the same, but rather recognizes socio-economic disadvantages and takes special measures to ensure real equality for those who are disadvantaged. He cited Dr. BR Ambedkar's words, saying that ignoring these disadvantages can worsen inequality. The CJI shared a personal anecdote about a law clerk from a Scheduled Caste background who chose to forego the benefits of reservation, highlighting the need for real equality. Gavai also reflected on his 40-year journey in law and justice, stating that he has always been guided by the Constitution and committed to upholding its vision of social and economic justice. In another development, CJI Gavai praised the Supreme Court's recent judgment on the Presidential Reference, which adopted a 'swadeshi interpretation' relying solely on Indian precedents rather than foreign judgments. He emphasized the importance of domestic jurisprudence and the need for Indian courts to draw from their own rich legal heritage. The CJI's comments come as the Supreme Court continues to navigate complex issues related to affirmative action and reservation. The court's 2024 judgment on the creamy layer principle remains a contentious topic, with the government clarifying that it is a non-binding recommendation. Gavai's defense of the ruling highlights the ongoing debate surrounding the issue and the need for real equality in India.