Chief Justice of India B.R. Gavai has said he faced strong criticism โ even from within his own community โ for his judgment allowing sub-classification of Scheduled Castes for reservation benefits, but stressed that his decisions are shaped by the law and his conscience, not public opinion.
Speaking at a felicitation ceremony organised by the Goa High Court Bar Association, Justice Gavai referred to the August 2024 seven-judge Constitution Bench ruling, delivered by a 6:1 majority, which held that Scheduled Castes are not a socially homogeneous group and can be sub-classified by states to prioritise the most disadvantaged among them.
โI have been widely criticised for the said judgment from people belonging to my own community, but I always believed that I have to write my judgment not by the demands of the people or desires of the people, but as the law as I understand and as per my own conscience,โ he said.
On his view that the โcreamy layerโ principle should apply to SC and ST reservations, the CJI questioned whether children of senior officials studying in elite urban schools could be equated with children of agricultural labourers in rural government schools. โArticle 14 does not mean equality amongst all equalsโฆ unequal treatment to unequals so that they become equal, is what our Constitution promises,โ he said, noting that three other judges on the Bench had concurred with his reasoning.
Turning to the Supreme Courtโs recent verdict on demolition of properties, CJI Gavai said the court was โperturbedโ by instances where homes were being razed without due process, punishing even family members not accused of any wrongdoing. โEven if a person is convicted, still he is entitled to the rule of lawโฆ we could prohibit the executive not to become a judge,โ he observed, underlining that the Constitutionโs separation of powers must be preserved.
Reflecting on his over two decades on the Bench, Justice Gavai said he was โhappy thatโฆ I could contribute a bit in the march of the Indian Constitutionโฆ towards social and economic justice.โ
