Overview
- Speaking at an event in Andhra Pradesh, BR Gavai said children of IAS officers should not be treated the same as children of poor agricultural labourers for reservation benefits.
- He argued that the Indra Sawhney precedent on excluding the creamy layer for OBCs should extend to Scheduled Castes.
- Gavai noted that judges are not expected to defend their rulings and referenced that he retires within a week, with Justice Surya Kant set to succeed him.
- In August 2024, a seven-judge bench permitted sub-classification within SC/ST quotas; four judges, including Gavai, urged identifying a creamy layer, a view that was non-binding.
- The Union government has maintained there is no constitutional provision for a creamy layer within SC/ST reservations, so any change would require policy action or further adjudication.