Gavai, only the second person from a Dalit background to head the Supreme Court, reflected on the landmark judgment delivered by a seven-judge bench he headed, which permitted states to classify castes within SC/ST categories based on socio-economic backwardness and representation. He said that despite the ruling, one can still see members of these groups who have achieved positions of privilege continuing to benefit from quotas, thus defeating the purpose of affirmative action.
In his broad critique, he drew attention to the concept of the “creamy layer” — typically applied to Other Backward Classes — and said the logic must now apply to SC/ST communities as well. Exemplifying the point, he asked whether the son of a senior civil servant studying at a premier metropolitan school should compete for the same quota-benefits as a child of an agricultural labourer from a remote region. He said equality under the Constitution does not mean equal treatment of unequals and argued that special treatment must target those lagging behind.
Gavai’s call for sub-categorisation is anchored in his view of the Constitution as a living, evolving document. He invoked the founding architect’s vision for an organic approach to equality, arguing that unless the state distinguishes between layers of disadvantage within marginalised groups, the original aim of reservation will remain unfulfilled. He also highlighted the growing job-market pressures, especially in urban areas, where copies of advancement among formerly disadvantaged communities have begun to accumulate.
His critique did not stop at reservation. He also warned of the rising tide of hate speech and social polarisation, suggesting that current constitutional protections of free speech may be inadequate to deal with modern manifestations of social media abuse. He proposed that Parliament should consider regulatory mechanisms to curb the circulation of hate speech that targets vulnerable groups and undermines institutional trust.
During his tenure, Gavai underscored both gender and regional representation in the higher judiciary. He noted the under-representation of women judges in the apex court, pointing to the slower nomination pipeline at high-courts that limits the pool of women eligible for elevation. He also stated that over the approximately four decades of his judicial career, the strength of trial-court judges remains insufficient given the backlog of more than 50 million cases nationwide.
As he prepares to hand over to Justice Surya Kant on 24 November, Gavai reflected on his journey from humble beginnings to the country’s top judicial office. He identified his proudest judgments as those dealing with environmental protection, the sub-categorisation of SC/ST groups and the striking down of key tribunal reforms. He also recounted moments of personal disappointment — notably an instance where a colleague’s harsh criticism left him “with a bad taste”.
Legal analysts say Gavai’s farewell message signals a potential shift in the debate on affirmative action. Ramya Tripathi, senior research fellow at a Bangalore-based think-tank, remarked that “the problem of what we call ‘creamy layer’ inside SC/ST categories is reaching a flashpoint because mobility has allowed parts of these groups to rise, and the question now is whether policy will recognise that private advancement disqualifies continued benefits.” She added that the states’ response will be critical given the need to identify parameters such as income thresholds or public-office criteria for exclusion.
Opposition voices from within the SC/ST community have already begun mobilisation. The National Scheduled Castes Federation issued a statement expressing concern that sub-categorisation may lead to dilution of reservations. Its leader, Prakash Yadav, argued that the “danger is not the so-called creamy layer but the persistent denial of opportunity for millions still left behind.” Meanwhile, industry and labour groups noted that any policy change must avoid triggering uncertainty in public-sector recruitment and should be communicated with clarity and transition safeguards.