Politics plays more role than logic: CJI BR Gavai defends his view on creamy layer applicability to SCs

Chief Justice of India (CJI) BR Gavai on Friday defended his 2024 judgment in which he had batted for application of creamy layer principle to Scheduled Castes. .CJI Gavai was speaking at the farewell function organized by the Supreme Court Bar Association (SCBA) on his last working day. He said he was severally criticized within his community for the 2024 judgmentHe added that though a judge is not expected to defend his judgment, he would discuss the ruling since he no longer has to perform any judicial work."I gave an example that whether son of a chief secretary studying in the best of colleges in Delhi, St. Stephen's, can he be made to compete with a son of an agricultural labourer studying in a gram panchayat or zila parishad school. Article 14 believes in equality but equality does not mean equal treatment to all. Dr Ambedkar said if we give equal treatment to all, rather than reducing inequality, it will lead to further inequality. Therefore a special treatment to those lagging behind is what the equality concept demands," he said.He also recounted how one of his own clerks belonging to Dalit community read the judgment and then decided not to avail the benefit of reservation available to Scheduled Castes henceforth. "I ask a question myself as to whether a person residing in tribal area, belonging to a Scheduled Caste category, having no means for higher education, can he be made to compete with my son who because of his father's office and father's achievements is entitled to best of schooling and best of education.. would that be equality in true sense or would it permeate inequality? However at times politics plays more important role than the logic. But I am happy When I penned down that judgment, one of my own law clerk, who is a son of a senior officer in Maharashtra and belonging to Scheduled Castes, said 'all the time the issue troubled me that I get best of education, then why should I get benefit of Scheduled Caste.' He said 'hereinafter ' will not take any benefit of Scheduled Caste'. So that one boy understood what politicians refuse to understand for the reasons best known to them," CJI Gavai sad..I ask myself whether a person from tribal area belonging to a Scheduled Caste category and having no means for higher education, can be made to compete with my son, who because of his father's office, is entitled to best of education.CJI BR Gavai.Speaking about his journey, CJI Gavai expressed gratitude to his parents and the Constitution of India. He said the values of the Constitution were ingrained in his mind right from the beginning by his father."I came into the legal profession because of my father. There was also a possibility that I would have followed him into politics, but I am grateful to destiny that something happened in 1990 that made me choose to concentrate fully on practice and leave other interests. My mother imbibed the principles of hard work and virtues of dignity of labour, dignity of any work. Those values that my parents gave me will always remain with me, and I will always be grateful to them," he said.CJI Gavai revealed that he was a lawyer for 18 years and a judge for 22 years and six days. "In this journey of more than 40 years, I have always been carried by the Constitution. Each one of you, as members of the Bar, has always been close to my heart," he added..He added that in this journey, he always attempted to be true to his oath. "I am happy that in my journey of 40 years.. I have been content. Though one of my judgments have been criticised I didn't respond to the criticism or answer it since my work over three years stands testament to it," CJI Gavai said.In conclusion, CJI Gavai said that he would like to work for the tribals in his area as they are very close to him..Earlier, CJI-designate Surya Kant said that CJI Gavai remained a pillar for the top court - steadfast, compassionate, and unwavering in his dedication to constitutional values. "His tenure stands as a testament to humility in power, clarity in purpose, and responsibility. He has guided the institution through challenges with a steady hand and a kind heart, preferring harmony over friction and consensus over confrontation. His judgments showed an unerring attentiveness to the person behind every case file. For him, litigation was never an abstraction. Every dispute represented someone’s hurt, someone’s struggle, someone’s search for justice. It was this sensitivity that shaped his reasoning and lent his decisions a moral clarity that touched everyone who read them. But more than his judgments, it is the tone he set that defines his legacy. Gentle, inclusive, and deeply human," Justice Kant said. Justice Kant also said that CJI Gavai had inspired many and restored in them the faith that the Supreme Court was not only a place of law but also a place of conscience. "For this, the institution stands in gratitude before you, Justice Gavai. If I were to choose one defining quality, it would be his instinctive ability to heal. He bridged divides between differing perspectives, between administrative expectations, and occasionally between competing constitutional values. He believed that institutions grow through dialogue, empathy, and trust, not through rigidity or distance. Under his stewardship, we witnessed a strengthening of institutional harmony and a culture of respect and mutual assurance among all stakeholders," he added.On his upcoming tenure as CJI, Justice Kant said,"I assure the Bar that your concerns will be heard, your suggestions welcomed, and your role respected. Our institution functions not as separate pillars but as a shared guardianship of constitutional values. .Attorney General for India R Venkataramani, SCBA President Vikas Singh and SCBA Secretary Advocate Pragya Baghel also spoke at the function.AG Venkataramani in his speech said,"CJI Gavai has worked for improving conditions of service for judges, always remaining alive to the principles of judicial independence and separation of powers. Did he ever place personal projections above humility? Did he ever believe that public acclaim of what is done is more important than what truly needs to be done? The answer to both is a clear no, and that is what gives him a special place in the chronicles of this Court. Especially at a time when the Court is increasingly called upon to tackle an extraordinary range and wide range of issues of public policy.".[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.