Archive · 7 Dec 2025
Gavai Defends Creamy Layer Verdict on SCs
Retired Chief Justice of India Bhushan R Gavai recently spoke about a Supreme Court decision he was part of.
This decision said that within the Scheduled Castes (SCs), some people who are more privileged (called the 'creamy layer') should not get special benefits like reservation.
Many people, even from his own community, criticized him for this.
Justice Gavai explained that these criticisms were based on a lack of understanding of the Constitution.
He asked important questions, like whether it's fair to treat the son of a top official the same as the son of a laborer when it comes to reservations.
He also mentioned that one of his law clerks, whose father is a senior government officer, decided not to use reservation benefits after this ruling.
Justice Gavai said that the court's decision was based on earlier rulings and the principles of equality in the Constitution.
Retired CJI Bhushan R Gavai defended the Supreme Court's 2023 verdict on applying the creamy layer concept to SCs.
He faced criticism from his own community for advocating that privileged SCs should be excluded from reservation benefits.
Gavai clarified that there is no reservation for constitutional offices like High Court or Supreme Court judges.
He questioned the fairness of treating the children of high-ranking officials and laborers equally under reservation policies.
A law clerk, son of a senior IAS officer, chose not to avail reservation benefits post-verdict.
- Who
- Retired Chief Justice of India Bhushan R Gavai
- What
- Defended the Supreme Court's verdict on applying the creamy layer concept to Scheduled Castes
- When
- August 2023 (verdict), recent (defense)
- Where
- India
- Why
- To clarify misconceptions and constitutional basis of the verdict
- Justice Gavai's Role
- Retired Chief Justice of India and part of the 7-judge Constitution bench
- Verdict Date
- August 2023
- Verdict Details
- 6:1 ruling allowing sub-classification of SCs for reservation benefits
- Criticism
- Faced criticism from his own community for advocating creamy layer principle
- Constitutional Basis
- Articles 14, 15, and 16 of the Indian Constitution
- Precedent
- 1976 Supreme Court case (State of Kerala v N M Thomas)
- Law Clerk's Decision
- Son of a senior IAS officer chose not to avail reservation benefits post-verdict
