In an exclusive interview, News 24 had the chance to sit tête-à-tête with the ex Chief Justice of India Br Gavai. Throughout the interview he spoke ardently about the issues that plague Delhi and highlighted many insights that could lead to a profound change.
Upon being asked, why his opinions on the SC and ST reservation’s creamy layer is opposed so vehemently even when its execution will lead to the benefits of the same community in a much greater manner? and how One officer even went so far as to say that until a Brahmin gives his daughter in marriage to his son, he should continue receiving reservation benefits?
Upon facing the question Br Gavai said that i have seen dalit officers being married to upper caste girls, i believe that SC and ST reservation should have a creamy layer filter as it would allow the benefits to reach to the people who are much more in need of the support and help.
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“I have seen that officers from the Dalit community have married upper-caste girls. I believe that there should be a system like the creamy layer in SC-ST reservation. By doing this, the benefits of reservation will reach the truly needy people of the SC-ST community. I had also said this in my judgment.”
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Ex Chief justice Br Gavai on Addition of creamy layer in the SC ST law
Ex Chief justice Br Gavai has always been an ardent supporter of the concept of creamy layer in the SC and ST reservation, while addressing a programme at the Living India Constitution at 75 years, Gavai spoke about the inclusion quite clearly, he opined that children of IAS officer can not be equated with the offsprings fo a poor agricultural labourer when it comes to reservations. He added
"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 ha been widely criticised on that issue”
"But I still hold that judges are not supposed to normally justify their judgments, and I still have about a week to go [retirement]," Gavai further said. that it has been widely criticised on that issue,"
In the year 2024 Gavai observed that states must evolve a policy for identifying the creamy layer among the scheduled castes( SC) and Scheduled Tribes ST and deny them the benefit of the reservation.