Ex-CJI Gavai Faces Backlash from Community for Applying 'Creamy Layer' Principle to SC Reservations

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Former Chief Justice of India B R Gavai has faced criticism from his own community for stating that the 'creamy layer' principle should be applied to reservations for Scheduled Castes. In a lecture at Mumbai University, Gavai paid tribute to Dr B R Ambedkar, who he said envisioned affirmative action as a temporary boost to help those lagging behind catch up. However, Gavai argued that this vision was not being realized in practice, as those who have benefited from affirmative action continue to hold onto it, while others remain behind. Gavai, who recently retired as CJI, emphasized that the 'creamy layer' principle, which excludes those who are economically advanced from benefits, is essential to achieving true social and economic justice. He cited the Indra Sawhney case, which enunciated the principle, and his own judgment that it should be applied to Scheduled Castes. However, Gavai faced backlash from his own community, who accused him of hypocrisy for advocating the exclusion of those who have benefited from affirmative action. Gavai responded by pointing out that there is no reservation for constitutional offices like the Supreme Court, and that applying the same yardstick to individuals from different backgrounds is essential to achieving equality. Despite the criticism, Gavai emphasized that affirmative action has played a positive role in India, citing examples of Scheduled Caste individuals who have risen to positions of power. He also highlighted the importance of social reformers like Jyotirao and Savitribai Phule, who paved the way for education and equality in society.