CJI Gavai Reaffirms Call to Exclude ‘Creamy Layer’ From SC Reservations

He cast the stance as extending the Indra Sawhney test to address inequality within Scheduled Caste communities.

Overview

He restated the position during an address in Amaravati at the ‘India and the Living Indian Constitution at 75 Years’ programme on November 16.
He argued that children of an IAS officer cannot be equated with those of a poor agricultural labourer for reservation benefits.
He acknowledged the view has been widely criticised and said judges are not normally expected to justify their judgments.
He noted he has about a week left before retirement as chief justice during his remarks.
He previously observed in 2024 that states should frame policies to identify a creamy layer among SCs and STs, and the Union Cabinet that year said the Constitution does not provide for a creamy layer within SC/ST reservations.