Exclude Creamy Layer from SC Reservation

Chief Justice of India (CJI) BR Gavai has advocated implementing the "creamy layer" principle in Scheduled Caste (SC) reservation. He stated that the child of an IAS officer cannot be considered equal to a child of a poor laborer. Gavai suggested applying the same principle to SCs as is applied to OBCs. He described the Constitution as a living document that adapts with time and emphasized the importance of equality, liberty, and fraternity. He credited the Constitution for his own success.

Constitutional Success for CJI Gavai

On 16 November, CJI BR Gavai reaffirmed his support for excluding economically and socially advanced SC individuals (creamy layer) from reservation benefits. He reiterated that children of IAS officers should not be equated with children of poor farmers.

Speaking at the event "India and the Living Indian Constitution at 75 Years," he said that the principle of the creamy layer applied in the Indra Sawhney case for OBCs should also be applied to SCs. Although this view has faced criticism, he stands by it.

Women’s Equality and Rights

CJI Gavai noted that judges usually do not need to justify their decisions publicly and that he has only one week left before retirement. He emphasized that significant positive changes have occurred regarding women’s equality and rights in society over recent years.

Constitutional Adaptability and Dr. Ambedkar's Vision

CJI Gavai stated that the Constitution is not static. Dr. B.R. Ambedkar intended for it to evolve with time to meet the changing needs of society. He stressed that equality, liberty, and fraternity are all essential for progress.

He also highlighted that it is because of the Constitution that India has had two SC Presidents and the current President belongs to an ST community. Emotionally, he noted that starting from a municipal school in Amravati, he reached the country’s highest judicial position, a success made possible due to the Constitution.