- The Supreme Court addressed the creamy layer issue in caste-based reservation in a judgment last year
- Chief Justice Gavai said government and Parliament must now implement sub-classification
- He noted some SC/ST families still benefit from reservations despite economic progress
The Supreme Court has done its bit to address the creamy layer issue in caste-based reservation, and it is now up to the government and Parliament to take the next step, Chief Justice of India BR Gavai said today. The Chief Justice, who is retiring tomorrow, spoke to the media this afternoon and responded to questions on the judiciary and key issues before the top court.
The Creamy Layer Question
Last year, the Supreme Court bench delivered a landmark judgment clearing sub-classification within the Scheduled Castes and the Scheduled Tribes to ensure reservation benefits reach the more marginalised. Chief Justice Gavai -- then Justice Gavai -- was part of the bench.
Speaking on the issue on the eve of his retirement, the Chief Justice said the judiciary has "done its part" and it is now up to the government and Parliament to implement sub-classification in quota-based reservations to ensure that a "class is not created within a class". Chief Justice Gavai is only the second Dalit to rise to the country's top judicial post.
"Equality needs to percolate to people. We have seen many Scheduled Caste families have grown, but they continue to take advantage of reservations," he said, highlighting how children of some IAS officers from SC/ST communities seek quota-based benefits.
In his judgment, Justice Gavai wrote last year, "State must evolve a policy to identify creamy layer among the SC/ST category and take them out of the fold of affirmative action. This is the only way to gain true equality."
Nepotism In Judicial Appointments?
Chief Justice Gavai, a first-generation jurist, was asked about allegations of nepotism and favouritism in judicial appointments through the Collegium system. The Collegium system of appointments, it must be pointed out, has been a contentious subject, with many alleging that it is opaque. The supporters of the system, however, stress that it protects the judiciary from the Executive's interference and safeguards its independence.
Chief Justice Gavai said that the instances in which the name of a judge's relative comes up before a Collegium don't even amount to 10 per cent of the total number of appointments. He also pointed out that a candidate's merit cannot be ignored just because he/she is related to a judge.
The Independence of Judiciary
While speaking on the need to protect the independence of the judiciary, the Chief Justice warned against a "school of thought" that presumes that unless a judge decides against the government, he/she is "not an independent judge".
The Chief Justice also addressed the criticism of the Collegium's decisions on transfers across high courts. He said the transfers were made with administrative issues in mind.
Future Plans
The Chief Justice said he plans to relax for a bit after retiring tomorrow. Sometime later, however, he may get involved in social work. "Social work is in my blood and I would devote my time to tribals," he said. He added, "But I am clear I will not accept any post-retirement position." Justice Surya Kant will take over as Chief Justice tomorrow.
The Chief Justice also responded to a question on the recent incident in which a lawyer flung a shoe at him during a hearing. Asked why the court did not take any action against the lawyer, he replied, "Forgiveness came naturally to me. It was an instant decision not to take any action against the person," he said.
Also asked about the Delhi pollution case that is before the top court, he said the judiciary has been trying its best to tackle the issue, and the authorities' focus has now shifted to long-term solutions instead of short-term fixes.
