Published on: Nov 16, 2025 06:38 pm IST

Chief Justice of India BR Gavai on Sunday reaffirmed his long-held view that the creamy layer principle should apply to Scheduled Caste (SC) reservations, similar to the system followed for Other Backward Classes (OBCs).

Speaking at the programme “India and the Living Indian Constitution at 75 Years”, CJI Gavai said children of privileged families within the SC community cannot be placed on the same footing as those from economically and socially disadvantaged backgrounds.
“Children of an IAS officer cannot be equated with the offspring of a poor agricultural labourer when it comes to reservations,” he said.

Referring to his earlier judicial opinion invoking the Indra Sawhney judgment, Gavai noted:
“I took the view that what applies to OBCs should also be made applicable to Scheduled Castes, though my judgment has been widely criticised. Judges are normally not supposed to justify their judgments — and I still have about a week to go before retirement.”

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Reflects on Constitutional Values and His Journey

CJI Gavai emphasised that the Indian Constitution is an evolving, living document, citing Dr B.R. Ambedkar’s vision of a framework that adapts with time through amendments under Article 368.
He noted that Ambedkar was criticised both for giving Parliament expansive amending powers and for setting high thresholds for certain constitutional changes.

Quoting Ambedkar, Gavai highlighted the interdependence of equality, liberty and fraternity, arguing that equality without liberty stifles individual excellence, while liberty without equality encourages dominance of the powerful.

He also underscored the Constitution’s role in advancing representation, noting that India has had two Presidents from Scheduled Castes and that the current President is a woman from a Scheduled Tribe.

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On Representation, Empowerment and Personal Reflection

Gavai said that momentum around equality and women’s empowerment has grown significantly, and society increasingly challenges discrimination.

Reflecting on his final days in office, he mentioned that his last official event before retirement was in Amaravati, Andhra Pradesh—just as his first event as CJI had been in his hometown Amravati, Maharashtra.

He acknowledged his own journey from a municipal school in a semi-slum area to the highest judicial office:
“I could reach this position and contribute, even in a humble way, to nation building only because of the Constitution.”

Calling justice, liberty, equality, and fraternity the four pillars of the Indian Constitution, CJI Gavai said these principles must continue guiding the nation’s pursuit of social and economic justice.