https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Former CJI BR Gavai Advocates Creamy Layer Principle for Scheduled Castes Reservations

Former CJI B.R. Gavai supports applying the creamy layer principle to Scheduled Castes, emphasizing that affirmative action should aid those truly disadvantaged, reflecting Ambedkar’s vision of real social and economic justice.
Tribunals Reforms Act 2021
Indian Masterminds Stories

Mumbai: Former Chief Justice of India B.R. Gavai, known for his judicial contributions and advocacy on social justice, highlighted the importance of the creamy layer principle in reservations for Scheduled Castes (SC) while speaking at an event commemorating the death anniversary of Babasaheb Bhimrao Ambedkar.

Affirmative Action: Ambedkar’s Vision Explained

Addressing the audience at Mumbai University, Justice Gavai described Dr Ambedkar as not only the architect of the Indian Constitution but also of affirmative action. He elaborated, “Affirmative action is like giving a bicycle to someone who is lagging behind. But Ambedkar never meant that the person should remain dependent on it forever. He wanted people to progress and move ahead on their own once they caught up.”

He emphasized that Ambedkar’s vision of social and economic justice was meant to be real and practical, not merely formalistic.

Creamy Layer Principle and Judicial Precedent

Citing the Indira Sawhney vs. Union of India case, Justice Gavai explained that the creamy layer concept ensures that economically and socially advanced individuals within backward communities do not benefit from reservations, thereby reserving opportunities for those who genuinely need support.

He noted that in his own judgments, he had extended the creamy layer principle to Scheduled Castes, emphasizing that those who have already achieved social or economic mobility should not occupy reserved positions at the expense of genuinely disadvantaged members.

Facing Criticism from Within His Community

Justice Gavai revealed that his stance on the creamy layer principle attracted widespread criticism from members of his own community, with some accusing him of opposing reservations after personally benefiting from them.

He clarified, “There is no reservation for the constitutional posts of High Court or Supreme Court judges. Such criticisms reflected a misunderstanding of the principle.”

India’s Progress in 75 Years

Reflecting on societal changes over the last 75 years, Gavai observed that many individuals from Scheduled Castes now hold positions as Chief Secretaries, DGs of Police, Ambassadors, and High Commissioners. In this context, applying the creamy layer principle ensures that only those truly in need receive affirmative support, he added.

Justice Gavai also shared personal insights, noting the disparity in educational opportunities between children of rural farmers and those from privileged backgrounds, reinforcing the need for targeted affirmative action.


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Military Vehicle Falls
Nation Mourns: 10 Army Personnel Killed, 10 Injured as Military Vehicle Falls Into Gorge in Jammu and Kashmir’s Doda
World Economic Forum
Jharkhand At Davos: Global Investments Flow to Boost Jobs, Skills, Industrial Growth, and Infrastructure Development
Minister Sudivya Kumar
Jharkhand Delegation Visits Coventry to Study Sustainable Urban Development and Zero-Emission Mobility
Maoist
Jharkhand Saranda Forest Clash: Security Forces Triumph, 8 Maoists Including Notorious Patiram Majhi Eliminated
Vishnu Deo Sai CM
Chhattisgarh’s Jagargunda Gets Bank Back After Years of Naxal Violence, 600 Residents Open Accounts
State Bravery Award 2025
Chhattisgarh Class 9 Student Hemadri Chaudhary Honored with State Bravery Award 2025 for Saving Drowning Child
uk
Uttarakhand Updates Homestay Rules: 6,000 Registered, Focus on Rural Tourism, Residents Only, 5-Year Renewal
Uttarakhand Government and ITBP Sign MoU
Uttarakhand Government and ITBP Sign MoU to Launch “Healthy Border Campaign” for 108 Border Villages
ADVERTISEMENT
ADVERTISEMENT
Videos
Desh Deepak Verma
The Dhaba Deal That Helped Flip The Ledger of UPSRTC 
Col M Shashidhar
 Lessons From Operation Sindoor & Operation Absolute Resolve 
Dr
Why an MBBS Doctor Chose IAS and Cleared UPSC in Her First Attempt | Dr. Akshita Gupta Video Interview
ADVERTISEMENT
UPSC Stories
IAS Avdhija Gupta UPSC
She Cried, She Learned, She Returned: The Unbreakable UPSC Journey of IAS Avdhija Gupta
From three consecutive Prelims failures to securing AIR 43, IAS Avdhija Gupta’s UPSC CSE-2024 journey...
UPSC Logo Explained
Why the UPSC Centenary Logo Matters: A Visual Guide to 100 Years of Civil Services
The UPSC centenary logo marks 100 years of India’s civil services. Decode its symbols and trace the journey...
Bhilai Steel Plant Diploma Engineer to CGPSC 2024 Deputy Collector – Yashwant Dewangan
Lost Father at 17, Worked Full-Time: Bhilai Steel Plant Diploma Engineer to CGPSC 2024 Deputy Collector – Yashwant Dewangan
Yashwant Kumar Dewangan, a BSP diploma engineer from Korba, overcame personal and professional challenges...
Social Media
One-Horned Rhino Calf
Watch: First One-Horned Rhino Calf of 2026 Takes Birth at Jaldapara National Park, IFS Officer Shares Rare Footage
A newborn one-horned rhinoceros calf was spotted at Jaldapara National Park on January 1, 2026. IFS officer...
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Military Vehicle Falls
Nation Mourns: 10 Army Personnel Killed, 10 Injured as Military Vehicle Falls Into Gorge in Jammu and Kashmir’s Doda
Artificial Intelligence
Why the Next War Will Not Look Like the Last One
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Desh Deepak Verma
Col M Shashidhar
Dr
ADVERTISEMENT
ADVERTISEMENT