Agartala: Nov 16. Chief Justice of India BR Gavai has once again underlined his long-held view that the “creamy layer” should also apply within Scheduled Caste and Scheduled Tribe reservations, arguing that beneficiaries from privileged families should not be placed on the same footing as those from severely marginalised backgrounds.
Speaking at a programme marking 75 years of the Indian Constitution, he stressed that children of top bureaucrats enjoy advantages that cannot be compared with the realities faced by children of poor agricultural labourers. He maintained that this gap justifies revisiting reservation benefits for the socio-economically advanced sections within SC/ST communities.
Gavai’s stand, first articulated in 2024, urged states to frame clear policies to identify the creamy layer among SCs and STs and to withhold quota benefits from those who have attained significant social mobility. His earlier judgment on this topic had drawn widespread criticism, but he reiterated that the principle remains necessary for ensuring genuine equity.
He also highlighted that the Constitution was designed as an evolving and adaptable document, reminding that Dr. B.R. Ambedkar had always envisioned it as organic and capable of responding to societal change. Gavai remarked that constitutional amendments were intentionally balanced– neither too easy nor impossibly rigid– and that Ambedkar’s speeches during the drafting phase remain essential reading for law students.
Reflecting on Ambedkar’s philosophy, Gavai noted that equality without liberty suppresses human potential, while liberty without equality only fuels dominance by the powerful. He emphasised that equality, liberty, and fraternity must function together to achieve social and economic justice.
As he prepares to conclude his tenure as CJI, Gavai pointed to India’s progress made possible through constitutional guarantees citing the election of two Presidents from Scheduled Caste communities and the current President from a Scheduled Tribe. He added that his own journey from a modest school in a semi-slum area to the highest judicial office was possible solely due to the opportunities created by the Constitution.
He reiterated that justice, liberty, equality, and fraternity continue to anchor the nation’s democratic framework.
