Peers criticised me for creamy layer ruling: CJI

Chief Justice of India BR Gavai said on Friday that he had been "severely criticised" within his "own community" for his 2024 judgment applying the creamy layer principle to Scheduled Castes.

- Ayesha Arvind

Speaking at his farewell function organised by the Supreme Court Bar Association (SCBA), the CJI defended his ruling and said that while judges are generally not expected to justify their decisions, he could speak freely now that he was demitting office.

He added that there existed a rationale behind the judgment for a son of a chief secretary, studying in a premier Delhi institution could not be expected to compete with the child of an agricultural labourer attending a rural government school.

"I have been severely criticised regarding that judgment in my community. But I have stayed quiet, as a judge is not expected to clarify his judgment. I ask myself whether a person from a 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 the best of education?" the CJI said.

He was referring to the apex court's August 2024 judgment where it had called for identification of creamy layer among the Scheduled Castes and Scheduled Tribes to take them out of the fold of affirmative action or reservation.