CJI Gavai: Identifying creamy layer in SC/ST was my path-breaking ruling on a PIL

Time of India

6 hours ago

Nagpur: Chief Justice of India Bhushan Gavai on Saturday said one of the most defining moments of his judicial career was Supreme Court's recognition of the need to apply the "creamy layer" principle within Scheduled Castes (SC) and Scheduled Tribes (ST), describing it essential to refine the concept of social justice.
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In an exclusive interaction with The Times of India at Raj Bhavan during his Nagpur visit, the CJI said, "Treating children of high-ranking SC/ST officers at par with those from truly disadvantaged families dilutes the purpose of affirmative action. Identifying the creamy layer ensures that benefits reach the most deserving." The observation was part of a PIL-based ruling in which the apex court allowed sub-categorisation within SC/ST groups to ensure equitable distribution of reservation benefits.
Justice Gavai, the second Dalit and first Buddhist to serve as CJI, also cautioned against judicial overreach, emphasising that all institutions must function within constitutional boundaries. "Judicial activism will stay, but it should not turn into judicial adventurism or judicial terrorism. Parliament enacts laws, the executive implements them, and the judiciary ensures compliance with the Constitution.
Overstepping by any branch disturbs this balance," he said. "The Constitution is not just a legal document, it is a tool for social transformation. It has withstood global and domestic upheavals due to its strong foundation," he said.
Appointed as the 52nd Chief Justice on May 14 for a six-month term, Gavai made it clear he will not accept any post-retirement assignments. "It's a matter of personal principle," he said, adding his focus remains on reducing case pendency — over 81,000 in the Supreme Court alone — and improving infrastructure in rural courts to enhance access to justice.
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Justice Gavai authored nearly 300 judgments, including landmark rulings on Article 370, electoral bonds, demonetisation, and freedom of speech. He was also part of the five-judge bench that upheld the abrogation of Article 370, which he called consistent with Dr B R Ambedkar's vision of "one nation, one Constitution."
He underscored the gravity of another path-breaking ruling in which the court ruled that an arbitration clause in an unstamped or insufficiently stamped contract remains valid — a significant decision for commercial law.
Similarly, he was part of the bench that unanimously annulled electoral bonds scheme, calling it inconsistent with transparency in political funding.
Justice Gavai also recalled how the apex court under his watch stayed the Allahabad High Court's insensitive remarks in a sexual assault case, calling it "inhuman" and reflective of judicial insensitivity. In another crucial decision, Supreme Court declared the arrest of NewsClick founder Prabir Purkayastha illegal due to procedural lapses by Delhi Police.
In his role as judge, Gavai often criticised the controversial practice of "bulldozer justice," where properties of accused individuals are demolished before a conviction. "Such actions go against constitutional protections. Punishment without trial violates every tenet of justice," he said. His views helped guide the Nagpur bench of Bombay High Court to stay demolition of properties during the Nagpur riots probe.
Gavai also granted bail to former Delhi Deputy CM Manish Sisodia in the liquor policy case and was part of several benches that strengthened environmental law, wildlife conservation, and tree protection. Among the pending matters before the Court under his leadership is the challenge to the Waqf (Amendment) Act, 2025 — a politically sensitive issue with implications for property rights and minority law.