New Delhi: In a powerful and reflective farewell address on Friday, Chief Justice of India (CJI) BR Gavai firmly stood by his landmark observation advocating the exclusion of the creamy layer from the benefits of Scheduled Caste (SC) and Scheduled Tribe (ST) reservations. The CJI, who faced criticism from sections of his own community after the judgment on sub-classification within SC communities, said he believed the decision was necessary to uphold genuine social justice.
Referring to his contentious yet widely discussed remark, CJI Gavai reiterated a question he often asks himself: “Can a tribal’s son living in a remote tribal region be asked to compete with my son? Would his education and opportunities be equal to mine?” He argued that reservations must prioritize the most disadvantaged, and that equitable distribution of benefits requires excluding the socially and economically advanced among SC/ST communities.
According to Live Law, the CJI also narrated an anecdote involving his law clerk, himself from the SC community and the son of a Maharashtra government officer, who voluntarily refused to avail reservation benefits, recognising that he had not faced the same degree of deprivation as many others. Gavai remarked that the young clerk understood the principle of equitable upliftment, “but politicians refuse to understand the same.”
Invoking Dr. BR Ambedkar’s historic warning from November 25, 1949, Gavai reminded the audience that India’s democracy would “fall like a house of cards” if socio-economic inequalities were not genuinely addressed. He noted that Ambedkar’s message remains deeply relevant today.
As he concluded his farewell, the Chief Justice expressed gratitude to fellow judges, court staff, and his family for their support. He added that after retirement, he hopes to dedicate himself to working for the welfare and upliftment of tribal communities across India.
