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CJI Gavai backs exclusion of creamy layer in quota for SCs

Hindustan Times Delhi

|

November 17, 2025

Chief Justice of India (CJI) BR Gavai on Sunday affirmed that he is still for exclusion of creamy layer in reservations to Scheduled Castes.

- Press Trust of India

CJI Gavai backs exclusion of creamy layer in quota for SCs

‘Addressing a programme “India and the Living Indian Constitution at 75 Years”, Gavai opined that children of an IAS officer cannot be equated with the offsprings of a poor agricultural labourer when it comes to reservations.

“I also went further and took a view that the concept of creamy layer, as has been found in the judgment of Indra Sawhney (vs Union of India & Others). What is applicable to the Other Backward Classes, should also be made applicable to Scheduled Castes, though my judgment has been widely criticised on that issue,” Gavai said.

“But I still hold that judges are not supposed to normally justify their judgments, and I still have about a week to go (retirement),” CJI Gavai added.

He said that over the years, equality or women empowerment is gaining momentum in the country and the discrimination which was meted out to them was strongly criticized.

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