CJI Gavai Defends SC/ST Sub-Classification Verdict

• Justice Gavai stands by judgment enabling sub-classification within SC/ST reservations
• Says equal treatment in unequal conditions increases inequality
• Criticises “bulldozer justice”, defends right to shelter
• Plans to work for tribal welfare post-retirement

GG News Bureau
New Delhi, 21st Nov: Outgoing Chief Justice of India Bhushan R. Gavai on Friday strongly defended the Supreme Court’s landmark ruling permitting sub-classification within Scheduled Castes and Scheduled Tribes for reservation benefits. Speaking at a farewell event organised by the Supreme Court Bar Association, he said equality must respond to social realities rather than treat unequals alike.

Justice Gavai, the second Dalit judge to become Chief Justice of India, said he faced criticism from sections of his own community for backing the majority verdict delivered by a seven-judge Constitution Bench in August 2024. The ruling held that SCs and STs do not form a homogeneous class and states can prioritise the most deprived groups among them.

“The son of a chief secretary in Delhi cannot be made to compete with the son of an agricultural labourer,” he said. Quoting Dr B.R. Ambedkar, he noted that equal treatment without addressing disadvantages would only increase inequality.

The Chief Justice shared an anecdote about a youth from Maharashtra who refused reservation benefits because his family was better placed than others. “One boy understood what politicians refuse to understand,” he remarked.

Justice Gavai also expressed satisfaction over judgments opposing “bulldozer justice,” asserting that the right to shelter cannot be denied even if a person is in conflict with the law.

On his post-retirement plans, he said he intends to dedicate his work to the upliftment of tribal communities in his home district.