'Creamy Layer' Cornering Big Share of Jobs Quota: CJI Gavai

Outgoing Chief Justice of India (CJI) Bhushan Ramakrishna Gavai has sparked a debate on affirmative action by emphasizing the need to exclude the "creamy layer" from Scheduled Caste (SC) quotas in government jobs. In his final days in office, CJI Gavai, the second Dalit to head the Indian judiciary, expressed concern that the socially and economically advanced within SC/ST communities are disproportionately benefiting from reservation policies.

CJI Gavai's comments have reignited discussions on equitable distribution of reservation benefits. He argued that if the benefits of reservation repeatedly go to the same families, it creates "a class within a class," hindering the purpose of affirmative action, which is to uplift the most marginalized. He stated that reservations must reach those who truly need it.

To illustrate his point, Justice Gavai questioned whether the child of an IAS officer should compete for reserved positions on equal footing with the child of a landless laborer. He has thus advocated for sub-categorization within SC/ST communities to ensure that the most backward sections receive the intended benefits of the quota system. He also observed in 2024 that states must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation.

Last year, the Supreme Court approved subclassification within scheduled castes and scheduled tribes, a move aimed at preventing the creation of a "class within a class" in reservation benefits. Justice Gavai, who was part of the bench for that judgment, emphasized that equality must permeate through all levels and cautioned against the continued misuse of reservations by families that have already progressed socioeconomically.

CJI Gavai acknowledged potential criticism from his own community but maintained that the "creamy layer" among SC/ST communities must give way to the deprived. He clarified that his position is not intended to dilute constitutional protections but to ensure that reservation benefits reach those who need them most, including the poorest, most socially disadvantaged, and least represented segments within the SC community.

In addition to the issue of reservation, CJI Gavai voiced his concerns about the rise of hate speech and suggested that Parliament should consider new regulations to curb it. He also spoke about the collegium system, defending it while regretting the lack of women appointed as judges during his tenure. He highlighted the appointment of 107 judges across high courts and the clearance of nearly all names recommended by the collegium during his time.

Reflecting on his tenure, CJI Gavai expressed satisfaction and reiterated his decision to not accept any post-retirement assignments. He mentioned that the judgment against "bulldozer justice" was a high point, while Justice Ujjal Bhuyan's personal criticism of his view in a case regarding Bills passed by Assemblies marked a low point.