US EditionCJI Gavai Advocates Creamy Layer Exclusion in SC Reservations
Chief Justice B.R. Gavai emphasized that affluent Scheduled Castes members should be excluded from reservations, urging states to implement creamy layer identification policies.
- On Sunday, Chief Justice of India B.R. Gavai reaffirmed excluding the creamy layer from SC reservations during the 'India and the Living Indian Constitution at 75 Years' programme.
- Gavai argued that children of IAS officers cannot be equated with poor agricultural labourers and said the Indra Sawhney creamy-layer rule for OBCs should apply to Scheduled Castes, though his view has been widely criticised.
- Invoking constitutional history, Gavai said the Constitution enabled two Presidents from Scheduled Castes and the current President from a Scheduled Tribe, and with about a week to go, he recalled rising from a municipal school in Amravati to the judiciary while attending recent Amaravati functions.
- Already in 2024, Gavai asked that states evolve policies to identify a creamy layer among SCs/STs and deny them reservations; his remarks prompted uproar among Supreme Court judges and he noted he has `about a week to go` as CJI.
- Framed against constitutional values, the proposal reflects Gavai's view that the Constitution of India rests on justice, liberty, equality and fraternity, while equality and women’s empowerment gain ground and the creamy-layer rule for Other Backward Classes signals a major legal shift for SC/STs.
14 Articles
14 Articles
Tribune India
CJI backs exclusion of creamy layer in reservation to SCs - The Tribune
Says IAS officer’s child not equal to labourer’s.
Chief Justice BR Gavai backs exclusion of creamy layer in SC reservation policy
The Chife Justice of India BR Gavai reiterated his stance that the creamy layer principle should apply to SC/ST reservations, arguing that children of privileged families cannot be equated with those from marginalised backgrounds.
CJI Gavai reaffirms his stance on exclusion of creamy layer in reservations of SCs
Amaravati: Chief Justice of India BR Gavai on Sunday affirmed that he is still for exclusion of creamy layer in reservations to Scheduled Castes. Addressing a programme “India and the Living Indian Constitution at 75 Years”, Gavai opined that children of an IAS officer can not be equated with the offsprings of a poor agricultural laborer when it comes to reservations. “I also went further and took a view that the concept of creamy layer, as has …
Coverage Details
Bias Distribution
- 50% of the sources lean Right
Factuality
To view factuality data please Upgrade to Premium
