Chief Justice of India BR Gavai on Friday defended his widely debated 2024 judgment advocating the application of the creamy layer principle to Scheduled Castes, saying that political considerations often overshadow constitutional logic. Speaking at a farewell ceremony organised by the Supreme Court Bar Association (SCBA) on his last working day, the outgoing CJI reflected on the controversy surrounding his ruling and the backlash he faced within his own community.
CJI Says He Can Now Speak Freely on the Judgment
Justice Gavai acknowledged that traditionally a judge is not expected to defend a judgment, but said he felt more comfortable addressing it now that he no longer has judicial responsibilities.
He recalled being sharply criticised by members of the Dalit community for suggesting that the creamy layer — a concept used to exclude socially advanced individuals from OBC reservation benefits — should also apply to Scheduled Castes.
To illustrate his reasoning, he cited a comparative example:
- a chief secretary’s son educated in elite institutions like St. Stephen’s College in Delhi
- versus the son of an agricultural labourer studying in a village school under the zila parishad
Invoking Article 14, he argued that equality does not mean identical treatment but requires differentiated safeguards for those who remain disadvantaged. He referred to Dr BR Ambedkar’s warning that uniform treatment could worsen inequality rather than reduce it.
Personal Testimony Strengthens His View
Justice Gavai said his conviction in the judgment deepened when one of his own law clerks—himself a Dalit and the son of a senior Maharashtra officer—read the ruling and decided he would no longer seek Scheduled Caste reservation benefits.
According to Gavai, the young man told him he had always felt conflicted because he had access to the best education and resources. The CJI remarked that one individual understood what “politicians refuse to understand for reasons best known to them.”
He posed a rhetorical question that underscored his moral reasoning:
“Can a person from a tribal area with no means for higher education be made to compete with my son, who receives the best schooling due to my office? Would that be equality—or inequality disguised as fairness?”
Farewell Reflections on Career, Values, and the Constitution
In a deeply personal segment of his address, Justice Gavai spoke about:
- his upbringing
- the values instilled by his parents
- his journey through the legal system
He said his father inspired him to enter law, and though there was a time he might have moved into politics, “destiny intervened” in 1990, steering him toward full-time legal practice. His mother, he said, taught him the dignity of labour, humility, and the importance of hard work—principles that guided his career.
He noted that he spent 18 years as a lawyer and 22 years and six days as a judge, marking a professional span of more than four decades.
Throughout those years, he said, he was guided by the Constitution of India, and always tried to remain true to his oath. Despite criticism of some decisions, he said he chose not to respond publicly, believing his body of work spoke for itself.
Commitment to Work with Tribal Communities
Justice Gavai concluded by expressing his desire to devote time to tribal communities in his region, saying they remained closest to his heart and needed continued upliftment.
Successor Surya Kant Praises a Compassionate Leader
CJI-designate Justice Surya Kant delivered an emotional tribute, describing Justice Gavai as:
- steadfast
- compassionate
- guided by constitutional values
- a unifying presence in the Supreme Court
He said Gavai preferred harmony over friction, consensus over confrontation, and viewed litigation not as abstraction but as human experience — someone’s struggle for justice.
Justice Kant said the outgoing CJI helped bridge divides within the institution and strengthened trust between the judiciary, the bar, and administrative mechanisms. He praised Gavai’s instinctive ability “to heal” and pledged that under his own tenure, the Bar’s concerns would be heard and respected.
Leaders of the Legal Fraternity Echo Respect
Attorney General R Venkataramani, SCBA President Vikas Singh, and SCBA Secretary Pragya Baghel also addressed the gathering.
AG Venkataramani highlighted Gavai’s:
- efforts to improve judicial working conditions
- commitment to judicial independence
- refusal to seek public acclaim
He said these qualities secured Justice Gavai a “special place in the chronicles of the Court,” especially at a time when the judiciary faces increasingly complex public policy challenges.
A Farewell Marked by Debate, Admiration, and Legacy
Justice BR Gavai’s farewell combined legal debate, personal reflection, institutional respect, and philosophical insight. His defense of the creamy layer ruling may continue to stir discussion, but his colleagues emphasised that his deeper legacy lies in human-centred judgment, constitutional humility, and institutional harmony.
