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New Delhi: Chief Justice of India BR Gavai on Sunday reiterated his long-held view that the creamy layer principle—currently applicable to reservations for Other Backwards Classes (OBCs)—should also extend to Scheduled Castes (SCs). Speaking at the programme titled “India and the Living Indian Constitution at 75 Years,” the CJI said he continues to stand by his interpretation despite criticism.

Gavai, who demits office in a week, said, “Children of an IAS officer cannot be equated with the offspring of a poor agricultural labourer when it comes to reservations.” He added that although judges generally do not justify their judgments publicly, he remains firm on his stance.

‘My View Was Widely Criticised, But I Still Hold It’

Referring to his earlier opinion delivered in 2024, Justice Gavai said the principle laid down in the landmark Indra Sawhney judgment—where the Supreme Court introduced the creamy layer exclusion among OBCs—ought to apply to SCs as well.

“I also went further and took a view that the concept of creamy layer… should also be made applicable to Scheduled Castes, though my judgment has been widely criticised on that issue,” the Chief Justice said. He recalled that in a 2024 judgment, he had advised states to evolve a precise mechanism for identifying the creamy layer among SCs and STs and ensure that reservation benefits reach the most disadvantaged within these communities.

Women’s Equality, Evolving Constitution Highlighted

Reflecting on broader constitutional values, Justice Gavai noted that the country had made significant progress in women’s empowerment and gender equality. He said his first public programme after assuming office as CJI had taken place in his hometown, Amravati (Maharashtra), and coincidentally, one of his final engagements before retirement was also in Amaravati (Andhra Pradesh).

Ambedkar’s Vision of a ‘Living Document’

Calling the Indian Constitution an “organic, evolving, and state-of-the-art living document,” Justice Gavai emphasised that Dr B.R. Ambedkar always envisaged it as adaptable to changing social needs.

He said Ambedkar was criticised both for giving Parliament liberal powers to amend the Constitution and for placing strict conditions, such as requiring ratification by half of the states, for certain amendments. Gavai urged law students to read Ambedkar’s speeches during the presentation of the Draft Constitution, calling them “the most important” for understanding its spirit.

Equality, Liberty, Fraternity Must Move Together

Quoting Ambedkar, the CJI said, Equality without liberty suppresses individual excellence and liberty without equality could allow the powerful to dominate the weaker. He emphasised that the triad of equality, freedom, and fraternity is crucial for attaining social and economic justice.

‘The Constitution Made My Journey Possible’

Reflecting on his own path, Justice Gavai said the transformative power of the Constitution allowed individuals from humble backgrounds—like himself—to rise to high constitutional positions. “Coming from a municipal school in a semi-slum area of Amravati, I could reach the highest office in the judiciary only because of the Constitution of India,” he said.

He added that the country, with two Presidents from the Scheduled Castes and the current President being a woman from a Scheduled Tribe, exemplifies the Constitution’s inclusive vision. Justice Gavai concluded that the Indian Constitution rests firmly on the four foundational pillars of justice, liberty, equality, and fraternity, and continues to guide the nation’s democratic and social progress.