Chief Justice of India B.R. Gavai has reignited the debate surrounding reservation policies in India, advocating for the implementation of the "creamy layer" principle to Scheduled Castes (SCs). In a statement made on Sunday, November 16, 2025, at a program titled "India and the Living Indian Constitution at 75 Years" in Amaravati, Chief Justice Gavai argued that the socio-economic disparities within the SC community necessitate a re-evaluation of reservation benefits.

Gavai asserted that all individuals within the SC community cannot be treated as a single, homogenous group when it comes to reservation. He emphasized the disparity between children from privileged SC families and those from impoverished backgrounds, stating that "children of an IAS officer cannot be equated with the offspring of a poor agricultural labourer when it comes to reservations".

The "creamy layer" concept, already applicable to Other Backward Classes (OBCs), aims to exclude the economically and socially advanced sections of a community from reservation benefits. Gavai has been a consistent proponent of extending this principle to SCs, a stance he reiterated just days before his retirement. He referenced his prior judicial opinion supporting this view, acknowledging the criticism it has received.

Gavai's argument rests on the idea that affirmative action should primarily uplift those who remain disadvantaged. He observed in 2024 that states should formulate clear policies to identify the "creamy layer" within SC and ST communities, denying them reservation benefits. He has stressed the need for a fair and well-defined system to ensure that reservation benefits reach their intended recipients.

The concept of "creamy layer" was first seen in the Sattanathan Commission report in 1969. The Supreme Court has also weighed in on the matter, with the first reference to the creamy layer concept seen in State of Kerala v. KS Jayasree in 1976. In the Indra Sawhney case, the Supreme Court directed the government to introduce a means test for the OBC quota.

However, some argue that the "creamy layer" concept has been a constraint in filling the 27 percent quota. Data from the Ministry of Social Justice indicates that barely 17 percent has been filled for over three decades.

Gavai also touched upon the Constitution's ability to adapt to changing times. Quoting Ambedkar, he underscored the need for equality, liberty, and fraternity to achieve social and economic justice. He highlighted the Constitution's role in enabling representation, noting that individuals from humble backgrounds, including himself, have reached high offices due to its provisions. He highlighted that India has had two Presidents from Scheduled Castes and now a tribal woman as President because of the Constitution.

In related legal news, the Supreme Court recently declined to allow quotas for Civil Judges/ Regular Promotees when it comes to appointment to Higher Judicial Service. The bench held that the length of service as a civil judge cannot be the basis to claim separate classification for appointment to HJS or as Principal District Judges.