Chief Justice of India (CJI) B. R. Gavai has recently emphasized the importance of sub-categorization within quotas, asserting that it is a crucial mechanism to ensure that the most marginalized communities receive their fair share of representation and opportunities. Speaking at the Oxford Union on June 10, 2025, under the theme "From Representation to Realization: Embodying the Constitution's Promise," CJI Gavai articulated that sub-classification within reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) does not undermine the reservation policy but, in fact, reinforces its aim of achieving social justice.
CJI Gavai's remarks come nearly a year after he authored the seven-judge Supreme Court bench's majority view favoring sub-categorization of the Scheduled Caste quota. The judgment, delivered on August 1, 2024, permitted states to sub-categorize castes within SC communities based on socio-economic backwardness and the degree of under-representation in government jobs. This landmark ruling was designed to ensure that the benefits of the 15% quota reach the most backward segments of the SC population. The court also suggested devising criteria to exclude the "creamy layer" among the SCs from availing reservation benefits, arguing that those who have already moved up the socio-economic ladder should not be entitled to quotas.
During his address, CJI Gavai highlighted that the Supreme Court's decision to uphold the principle of sub-classification within quotas for SCs "was not to question the relevance or success of reservations, but to ensure that the most marginalized within marginalized groups receive their fair share." He reflected on his personal journey, noting that the Constitution has enabled individuals from historically marginalized backgrounds to rise to prominent positions.
The CJI also referenced the Supreme Court's ruling in State of Punjab v. Davinder Singh (2024), which affirmed the state's right to create sub-classifications among SCs for targeted benefits. This ruling emphasized that affirmative action must be nuanced to address the disproportionate access to benefits by a few castes within the broader SC/ST categories. In his concurring opinion in the Davinder Singh case, Justice Gavai had advocated for applying the "creamy layer" concept within SC/ST reservations to prevent the monopolization of benefits, ensuring that those most in need receive the necessary support.
CJI Gavai emphasized that reservations were designed not just to provide representation but to empower those historically excluded from power structures. Sub-classification, he explained, helps address the imbalance where some groups within these communities have benefited more than others by identifying "the most backward among the backwards" and ensuring they receive a fair share of representation in public employment and education.
Drawing from personal experience and constitutional principles, CJI Gavai has challenged the notion that all beneficiaries of reservation are equally placed. He has stated that sub-classification is part of the Constitution's larger promise to provide real and substantive equality, not just formal representation and credited India's constitutional model for allowing peaceful accommodation of diversity and fostering inclusive democracy through legal innovation.
CJI Gavai's perspective is rooted in his belief that equity must evolve to account for privilege, even within historically disadvantaged groups. His landmark opinion in August 2024, favoring sub-classification within the Scheduled Caste quota, was shaped by this understanding. When Justice Gavai was sworn in as the 52nd Chief Justice of India on May 14, 2025, he became only the second person from the Dalit community to occupy the highest judicial office in the country.
