During a talk at the Andhra Pradesh High Court Advocates Association, Chief Justice BR Gavai reiterated that “the creamy layer” should stay out of reservations for Scheduled Castes.
He said a child of an IAS officer does not qualify for the same reservation benefit as a child of a poor farmer, even if both belong to a Scheduled Caste.
The Chief Justice was speaking at the 75th‑anniversary celebration of the Indian Constitution. He reviewed the 2023 decision of a seven‑judge bench that allowed states to sub‑classify Scheduled Castes if some groups are still under‑represented. Six judges agreed that sub‑classification can help ensure fair representation.
Gavai also defended his earlier ruling that the creamy‑layer rule, used for other backward groups, should be applied to Scheduled Castes. “Equality is not just paper. It must be real opportunity,” he said. He added that his view was supported by three other judges.
He quoted Dr Ambedkar, noting that justice alone, without liberty and fraternity, cannot build a fair society. Under the Constitution, Ambedkar believed the law must “evolve and adapt.”
Coming from a modest municipal school in Amravati, the Chief Justice said the Constitution was the reason he could reach the nation’s highest judicial post. He praised Ambedkar’s speeches in the Constituent Assembly, saying every law student should study them.
Gavai also reminded that while constitutional amendments can tackle social problems, changing core principles like federalism or judicial independence requires more stringent approval—such as ratification by half the states and a two‑thirds parliamentary majority.
The Chief Justice will leave office on November 23, after a final ceremony in Amaravati, before concluding his term as India’s 52nd Chief Justice.
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