Chief Justice Gavai on Reservations and Equality
Amaravati: Chief Justice of India BR Gavai recently reaffirmed his stance on excluding the “creamy layer” from reservation benefits for Scheduled Castes. During a talk titled “India and the Living Indian Constitution at 75 Years,” he highlighted that the children of high-ranking officials, like IAS officers, should not be treated the same as those from low-income backgrounds, such as agricultural laborers.
He referenced the Indra Sawhney case, suggesting that similar criteria for defining the creamy layer in Other Backward Classes (OBC) reservations should also apply to Scheduled Castes. Although some have criticized his viewpoint, Gavai stands firm, stating that judges often don’t need to justify their decisions.
As he nears retirement, he noted that discussions about equality and women’s empowerment are becoming more prominent. Throughout his term, he has emphasized the need for states to develop policies to identify the creamy layer within Scheduled Castes and Scheduled Tribes and exclude them from reservation benefits.
Gavai quoted Dr. B.R. Ambedkar, asserting that the Constitution is a living document meant to evolve. Article 368 allows for amendments to address changing times and societal needs. While some criticize the amendment process as too rigid, Gavai believes it’s crucial for advancing equality.
Past events illustrate the progress made, as India has had two Presidents from Scheduled Castes and its current President is a woman from a Scheduled Tribe. Gavai passionately spoke about his own journey, attributing his rise from a humble school in a semi-slum area to the pinnacle of the judiciary to the opportunities provided by the Constitution.
His reflections urge us to recognize the role of justice, liberty, equality, and fraternity in building a fair society. Understanding these principles is vital for anyone interested in law or governance.
Recent data underscores that public sentiment mirrors Gavai’s views. A survey conducted by the Social Research Institute found that 65% of respondents believe reservations should consider socioeconomic conditions rather than just caste.
Gavai’s insights resonate not only with legal communities but also with the broader push for a more equal society as India evolves.
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