Outgoing CJI Gavai defends landmark verdict on sub-classification in SC/ST quotas
Outgoing Chief Justice of India Bhushan R. Gavai, only the second Dalit judge to head the Supreme Court, on Friday firmly stood by his controversial judgment allowing sub-classification within Scheduled Castes and Scheduled Tribes, media reports said.
Speaking at a farewell event hosted by the Supreme Court Bar Association on his last working day, he said he had faced sharp criticism from within his own community but had “no reason to doubt” the correctness of the ruling.
Chief Justice Gavai underlined the core idea behind his opinion: “The son of a chief secretary in Delhi cannot be made to compete with the son of an agricultural labourer.”
Equality, he said, does not mean identical treatment for all, adding that B.R. Ambedkar himself warned that treating unequals as equals only deepens inequality.
In August 2024, a seven-judge Constitution Bench delivered a 6–1 verdict holding that Scheduled Castes are not a socially homogeneous group and that states may sub-classify them to ensure benefits reach the most disadvantaged.
Gavai authored a strong concurring opinion endorsing the introduction of a ‘creamy layer’ concept within SC/ST reservations.
Recalling an emotional moment while writing the judgment, he said a clerk’s son from the Scheduled Castes in Maharashtra told him he would not claim reservation benefits because he was already privileged. “One boy understood what politicians refuse to understand,” the Chief Justice remarked.
He also expressed satisfaction at delivering the judgment against “bulldozer justice”, stressing that even those accused of crimes cannot be stripped of their right to shelter.
“Just because someone is in conflict with the law, you cannot take away their home,” he said.
Looking ahead to life after the bench, Chief Justice Gavai said he hopes to work for tribal communities in his home district.
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