‘Judgments must follow conscience, not community’: CJI Gavai defends ruling on SC sub-classification

Chief Justice of India B R Gavai on August 22 reflected on the criticism he faced from within his own community over the Supreme Court’s landmark ruling that allowed sub-classification within Scheduled Castes for reservations.

Speaking at a felicitation function hosted by the Goa High Court Bar Association in Panaji, CJI Gavai underscored that judicial duty lies not in appeasing popular sentiment but in upholding the Constitution and one’s conscience.

“I have been widely criticised for the said judgment from people belonging to my own community,” the CJI said. “But I have always believed that I must write my judgments not by the demands or desires of people, but by the law as I understand it and as per my conscience.”

In August, a seven-judge Constitution Bench, in a 6–1 majority, ruled that Scheduled Castes are not a homogeneous class and that states can sub-classify them to ensure benefits reach the most disadvantaged. CJI Gavai, who authored part of the judgment, explained the rationale by invoking the “creamy layer” principle.

He questioned whether children of high-ranking officials who had generations of access to privilege could be equated with children of agricultural labourers or masons studying in village schools.

“Article 14 does not mean equality among equals,” he said. “What our Constitution contemplates is unequal treatment to unequals, so that they may become equal.”

The Chief Justice also spoke about the recent Supreme Court verdict restricting arbitrary demolitions by state authorities. “If the executive itself is permitted to be a judge, then we will be hitting at the very concept of the separation of powers,” he observed.

The court, he said, was disturbed by instances where homes were razed without trial or due process, punishing entire families for no fault of their own.

Reflecting on his two-decade judicial journey, CJI Gavai said he drew satisfaction from contributing to India’s “march towards social and economic justice.”