SC quota debate: Outgoing CJI Gavai defends collegium; pushes 'creamy layer' exclusion

NEW DELHI: Defending the collegium, the outgoing Chief Justice of India BR Gavai, emphasised the need to exclude the creamy layer from the Scheduled Caste quota, and expressed regret over not appointing any women judges during his tenure.

According to PTI, Gavai said he leaves the institution with a deep sense of satisfaction and contentment. Reiterating his decision not to accept any post-retirement assignments, he said, "I made it clear when I took office that I would not take up any position after retirement. For the next 9-10 days, it’s a cooling-off period. After that, a new chapter begins," he said.


BR Gavai is the 52nd Chief Justice, the first Buddhist and second Dalit to head the Supreme Court after KG Balakrishnan.

Addressing the issue of the "creamy layer" within caste-based reservations, CJI Gavai said the Supreme Court has "done its part," but it is now up to the government and Parliament to implement changes to ensure that benefits reach the truly marginalised sections.

Last year, as part of a landmark judgment, 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, emphasised that equality must permeate through all levels and cautioned against the continued misuse of reservations by families that have already progressed socioeconomically.

"We have seen many Scheduled Caste families prosper, yet they still avail reservation benefits," he said, pointing out cases where children of SC/ST IAS officers seek quota-based advantages.

In his judgment, he wrote, "The State must formulate a policy to identify the creamy layer among SC/ST categories and exclude them from affirmative action. This is the only way to achieve true equality."

Chief Justice Gavai, who retires tomorrow, remains a significant figure as only the second Dalit to lead India’s highest judicial body. His reflections highlight ongoing challenges in implementing caste-based reservation reforms effectively.
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