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.
