CJI Gavai Stands Firm on Excluding 'Creamy Layer' from SC Reservations
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Chief Justice of India BR Gavai reiterated his long-held stance on Sunday, affirming that the 'creamy layer' should be excluded from reservations for the Scheduled Castes (SC). Speaking at the 'India and the Living Indian Constitution at 75 Years' program, Gavai emphasized that the children of high-ranking officials, such as IAS officers, cannot be equated with the offspring of poor agricultural laborers when it comes to reservations. Gavai drew parallels with the Indra Sawhney judgment, which introduced the concept of the 'creamy layer' for the Other Backward Classes (OBCs). He argued that this concept should also be applied to SCs, despite facing criticism for his earlier judgment on the matter. In his address, Gavai highlighted the progress made in promoting equality and women's empowerment in the country. He noted that the Constitution is not static, but a living document that must evolve to address changing social and economic needs. As a testament to the Constitution's adaptability, Gavai pointed out that India has had two Presidents from the SC community and its current President is a woman from the ST community. He attributed his own rise from a humble background to the highest office in the judiciary to the Constitution's provisions. Gavai stressed that the Indian Constitution stands on four pillars: justice, liberty, equality, and fraternity. He encouraged students of law to study Dr. BR Ambedkar's addresses during the presentation of the draft Constitution, which he believes hold valuable insights into the Constitution's founding principles. Gavai's comments come as he prepares to retire as Chief Justice in a few days, having spoken about the need for states to evolve policies to identify the 'creamy layer' among SCs and STs and deny them reservation benefits. He emphasized that the Constitution's amendment process, as outlined in Article 368, allows for its evolution and adaptation to changing societal needs.
