CJI terms ‘creamy layer' ruling within SC/STs a milestone

Time of India

15 hours ago

NAGPUR: CJI Bhushan Gavai called Supreme Court's recognition of the need to apply the "creamy layer" principle within SC/STs one of the defining moments of his judicial career, describing it as essential to refining social justice.
"Treating children of high-ranking SC/ST officers on a par with those from truly disadvantaged families dilutes affirmative action's purpose. Identifying the creamy layer ensures benefits reach the most deserving," he said in an exclusive interaction with TOI during his Nagpur visit Saturday.
His observation came as part of a PIL ruling allowing sub-categorisation within SC/ST groups to ensure equitable distribution of reservation benefits.
Gavai, appointed the 52nd CJI on May 14, also warned against judicial overreach. "Judicial activism will stay, but it should not become judicial adventurism or judicial terrorism. Parliament enacts laws, the executive implements them, and the judiciary ensures constitutional compliance. Overstepping disturbs this balance," he said. "The Constitution is not just a legal document, it is a tool for social transformation.
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The second Dalit and first Buddhist CJI ruled out accepting post-retirement assignments. "It's a matter of personal principle," he said, adding his focus remains on reducing over 81,000 pending cases in SC and improving infrastructure in rural courts.
He authored nearly 300 judgments, including landmark rulings on Article 370, electoral bonds, demonetisation, and freedom of speech. Gavai was part of the five-judge bench that upheld the abrogation of Article 370, calling it consistent with BR Ambedkar's vision of "one nation, one Constitution".
He referred to another ruling that upheld arbitration clauses in unstamped or insufficiently stamped contracts, calling it crucial for commercial law. Gavai also helped annul the electoral bonds scheme, calling it inconsistent with transparency in political funding.
On his watch, SC stayed Allahabad HC's remarks in a sexual assault case, calling them "inhuman". Gavai declared the arrest of NewsClick founder Prabir Purkayastha illegal due to procedural lapses by Delhi police.