CJI Gavai backs creamy-layer exclusion in SC reservations
CJI Gavai backs creamy-layer exclusion in SC reservations
Chief Justice BR Gavai says the creamy-layer concept should apply to SCs as it does to OBCs, highlighting an evolving Constitution.
Chief Justice of India BR Gavai reaffirmed his stance on the exclusion of the creamy layer from reservations for Scheduled Castes, calling the Indian Constitution an evolving framework built on justice, liberty, equality, and fraternity. Speaking at a program marking 75 years of the Constitution, the CJI emphasized that the Constitution must adapt to changing social realities rather than remain static. He noted that the same standard applied to Other Backward Classes should be considered for SCs, while acknowledging his view has attracted criticism and that he is nearing retirement.
He underscored that the personal circumstances of public officials' children should not be equated with those of poor agricultural workers when it comes to reservations. He cited Indra Sawhney judgment as a base but argued that evolving policy may require identifying the creamy layer among SCs and STs. He pointed to Dr. B.R. Ambedkar's philosophy of a living document and said the Constitution is not static, a view he has long expressed as he approaches the end of his tenure.
The remarks come as the constitutional debate on caste-based reservations remains heated, with many calling for clarity on who benefits. The CJI's comments reflect a broader view that the Constitution is a living document that changes with time, a sentiment echoed by legal scholars and policymakers as India marks seven-and-a-half decades of constitutional governance. The event in Amaravati highlighted the ongoing conversation about equality, opportunity, and eligibility within India’s reservation framework.
Cover image source: CJI Gavai backs exclusion of creamy layer in reservation to scheduled castes 🔗
