Former Chief Justice of India B.R. Gavai on Saturday said he faced strong criticism from members of his own community after he advocated the application of the “creamy layer” principle to Scheduled Castes in one of his judicial rulings. Speaking at Mumbai University during a lecture on “Role of Affirmative Action in Promoting Equal Opportunity,” Gavai reflected on the debates around reservation, social justice, and the original vision of Dr B.R. Ambedkar.

Paying tribute to Dr Ambedkar on his death anniversary, Gavai described him as not only the chief architect of the Indian Constitution but also the visionary behind the system of affirmative action embedded in it. He explained that, in Ambedkar’s view, reservations were meant to serve as a tool for empowerment, not a permanent entitlement across generations.

To illustrate this, Gavai referred to Ambedkar’s analogy of providing a bicycle to someone who is lagging behind in a race. He said that if one person is at the starting point and another is already ten kilometres ahead, the one lagging behind should be given a bicycle to bridge the gap faster. Once they reach the same level, however, the bicycle should no longer be needed, and both should move forward together. Gavai questioned whether Ambedkar would have supported a system where the bicycle is held onto indefinitely while others remain stuck at the starting point.

According to Gavai, Ambedkar’s vision of social and economic justice was substantive rather than merely formal. He stressed that true equality requires assessing not only identity but also lived reality, opportunity, and disadvantage over time.

Gavai referred to the landmark Indra Sawhney vs Union of India judgment, which laid down the “creamy layer” principle — a doctrine that excludes the economically and socially advanced among backward classes from enjoying reservation benefits. He noted that in a later judgment, he himself had held that the same principle should be extended to Scheduled Castes as well.

The “creamy layer” concept, as he explained, is based on the idea that those who have already achieved a significant level of social and economic advancement should not continue to claim the benefits of affirmative action, even if they belong to historically disadvantaged communities. This, he argued, is essential for ensuring that the benefits reach those who need them the most.

However, Gavai said that this view led to intense criticism from within his own community. He revealed that he was accused of hypocrisy, with critics alleging that he had himself benefited from reservation to rise to the position of a Supreme Court judge and then sought to “pull up the ladder” for others by advocating the creamy layer exclusion.

Responding to this criticism, Gavai clarified that there is no reservation in constitutional offices such as High Court or Supreme Court judgeships. He said many of his critics were unaware of this fact and had misunderstood the nature of judicial appointments at the higher levels.

He also raised a fundamental constitutional question: whether it is fair, or even consistent with the principle of equality, to apply the same standard to the child of a Chief Justice of India or a Chief Secretary and the child of a daily-wage labourer who studied in a gram panchayat school. Such distinctions, he suggested, lie at the heart of what genuine equality should mean in a constitutional democracy.

Despite his critique of the current framework, Gavai acknowledged that affirmative action has played a positive and transformative role over the last 75 years. He said he had personally witnessed members of Scheduled Castes rising to occupy some of the highest offices in the country, including positions such as Chief Secretaries, Directors General of Police, ambassadors, and High Commissioners.

Describing Maharashtra as a historic land of social reform, Gavai said the region could be called the birthplace of the idea of modern India. He paid special tribute to social reformers Jyotirao Phule and Savitribai Phule, highlighting their pioneering efforts to eradicate social inequalities.

He recalled that at a time when women were among the most oppressed sections of society, the Phule couple opened the doors of education to them, laying the foundation for a more equal and just society. Gavai said their work remains an enduring inspiration for the ongoing struggle to achieve social justice and equal opportunity in India.