“The Supreme Court of India expresses that it has ‘done its part’ in the context of the creamy layer question in caste-based reservation, Chief Justice of India B.R Gavai stated, adding that last year, the judiciary empowered sub-classification within the Scheduled Castes and Scheduled Tribes (ST).
He stated the government and Parliament now have the primary responsibility to ensure reforms are made to equality in caste-based reservation. Yes, the benefits of reservation should reach the marginalized and most backward and vulnerable, not the strong families
Advocating for sub-classification the only way to achieve true equality
Justice Gavai had supported the bench’s landmark ruling allowing sub-classification in SC and ST reservations. He expressed that states have to explore and identify the creamy layers of these communities. As a last point, sub-classification is the only way to achieve true equality.
He raised the question of why individuals from wealthy families continue to seek assistance and benefits for a disadvantaged category, providing the cause of concerns. He explained that it only serves to cultivate inequality within the same group.
Anxiety about cronyism in judicial appointments
The Chief Justice in his final address answered questions about cronyism related to judicial practices of the Collegium system, saying thatthe involvement of relatives constituted less than ten percent of recruitments. He asserted that the values of merit must reflect in all judicial appointments.
He also noted to the critics that the Collegium system biases judicial independence against executive interferences in judicial appointments. Creamy layer reform in India, He noted if it seems opaque it is not, but sometimes messy because of a high workload, but it does represent a check on influence and bolstering a fair judiciary.
Protecting judicial independence and judicial decision-making
CJI Gavai warned against the idea that judges can only prove their independence by ruling against the government. Such assumptions create a damage to the public’s trust in the judiciary. He also reminded the crowd that decisions must, nevertheless, be based on law, not the public conscience.
He also clarified high court judges may be sent to another high court, as is the practice of transfers, for administrative reasons. There are motivations behind the decisions that would promote institutional efficacy and impartial boundaries, not favouring one position over another.
Dealing with public events and sensitive matters
He also took the opportunity to speak about a recent courtroom incident when a lawyer threw a shoe at him. He said it was easy to forgive and did not want to take action. He stated that the Court seeks to treat those events with a sense of dignity.
He also commented about the Delhi pollution case and the Court’s continued push for long-term solutions. He reiterated that the authorities are aiming for structural reforms rather than short-term solutions now.
What he plans for life after retirement
Justice Gavai explained he plans to “take it easy” after retirement. He added that he may work on behalf of the tribes in the future. He indicated he will not accept any position after he retires, though. Justice Surya Kant will be sworn in tomorrow.
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