Faced criticism from my own community for advocating creamy layer principle: Ex-CJI Gavai
Mumbai (PTI): Former Chief Justice of India B R Gavai on Saturday said he faced criticism from his own community for stating in a judgement that the creamy layer principle should be applied to reservation for the Scheduled Castes.
In Dr B R Ambedkar's view, affirmative action was like providing a bicycle to someone who is lagging behind, he said, asking whether Ambedkar thought that such a person should never give up the bicycle. Ambedkar did not think so, he claimed.
Gavai, who retired as CJI recently, was delivering a lecture on "Role of Affirmative Action in Promoting Equal Opportunity" at Mumbai University.
Paying tributes to Ambedkar on his death anniversary, Gavai said the iconic leader was the architect of not only the Indian Constitution but also of the affirmative action enshrined in it.
"Babasaheb, in so far affirmative action is concerned, was of view that it is like providing a cycle to those who are lagging behind....suppose somebody is at tenth km and somebody at zero, he (the latter) should be provided a cycle, so that he reaches faster till the tenth km. From there, he joins the person who is already there and walks along with him. Did he (Ambedkar) think that the person should not leave the cycle and carry forward and thereby ask the people who are at zero km to continue to be there?" the former CJI asked.
"In my view, that was not the vision of social and economic justice as contemplated by Babasaheb Ambedkar. He wanted to bring social and economic justice in the real sense and not in formal sense," he added.
The Indra Sawhney and Others Vs Union of India case enunciated the creamy layer principle, and in another case, he himself held that creamy layer should also be made applicable to the Scheduled Castes, said Gavai.
The principle demands that those who are sufficiently advanced economically and socially should not get the benefit of affirmative action even though they are members of the backward community for which it is meant.
He was "widely criticized" by the people of his own community for this judgement, Gavai said, adding that he was accused of taking benefit of reservation himself to become a Supreme Court judge and then advocating the exclusion of those who fell in the creamy layer.
But these people did not even know that there is no reservation for the constitutional office of High Court or Supreme Court judge, Gavai said.
Can applying the same yardstick to the son of a chief justice of India or chief secretary and the son of a labourer who has studied in a gram panchayat school satisfy the test of equality as enshrined in the Constitution, he asked.
Gavai, however, emphasized that in the last 75 years "no doubt affirmative action has played a positive role".
"I have traveled across the country, traveled across the world, I have seen many people belonging to the Scheduled Caste becoming chief secretary or director general of police or ambassadors and high commissioners," he said.
Maharashtra is a land of social reformers, and the "region can truly be described as the birthplace of the idea of modern India", Gavai said.
"We are all aware about Jyotirao Phule and Savitribai Phule's pioneering work in eradication of inequalities in the society," he said.
When women were among most oppressed in society, it was the Phule couple who opened the door of education for them, he noted.
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Governor urges enhanced budgetary support for higher education in state budget
Bengaluru (PTI): Karnataka Governor Thaawarchand Gehlot on Saturday urged the state government to provide stronger budgetary backing to the Higher Education department in the forthcoming state budget.
Presiding over the Karnataka State Public Universities Vice Chancellors’ Conference–2026, organised by Lok Bhavan in collaboration with the Higher Education department and the Karnataka Higher Education Council, the Governor stressed that public universities require structured and sustained financial support, a press release issued by Lok Bhavan said.
“Universities, having limited internal revenue sources, require special financial care and structured budgetary support,” the release quoted Gehlot as saying, while appealing to Chief Minister Siddaramaiah to ensure the March 6 State Budget is more beneficial to higher education.
The Governor expressed satisfaction over the Chief Minister’s participation in the conference and voiced confidence that the upcoming budget would prioritise higher education.
He specifically called for filling long-pending vacancies in institutions such as Karnataka State Dr Gangubai Hangal Music and Performing Arts University, Sampurnanand Sanskrit University, Kannada University, Karnataka Janapada University, and Dr B R Ambedkar School of Economics University, along with adequate financial provisions for their development.
Emphasising the need to strengthen government universities, Gehlot said deliberations at the conference reflected Karnataka’s readiness to steer higher education in a new direction.
He also called for increasing admissions in government institutions and examining why students prefer private universities despite higher fees.
The Governor stressed strict adherence to academic calendars to ensure timely admissions, examinations and declaration of results.
Improved coordination between Vice Chancellors and Registrars, upskilling of academic staff, curriculum updates aligned with present-day needs and the introduction of job-oriented courses were identified as priorities.
Highlighting campus development, he stressed the need to improve quality, cleanliness and greenery, and urged active implementation of initiatives such as “One Tree for Mother.”
He also encouraged universities to promote sports participation to enable students to represent institutions at district, state, national and international levels.
On governance and transparency, Gehlot pressed for strict compliance with central and UGC guidelines within stipulated timelines.
The release said he emphasised that institutional credibility depends on resolving internal disputes democratically and maintaining transparency in financial matters.
He added that the Chancellor must foster harmony among stakeholders to avoid unnecessary inquiries and administrative disruptions.
The Governor suggested that universities expand international collaborations for academic and student exchange, enhance national rankings and address faculty shortages and infrastructure gaps.
Leveraging central schemes and Corporate Social Responsibility (CSR) funds was suggested as a way to bridge financial constraints with State support.
According to him, universities should preference to Indian traditional dress as uniform attire during annual convocation ceremonies to promote cultural heritage.
The conference commenced with the rendition of Vande Mataram, Jana Gana Mana and Naada Geethe. Higher Education Minister M C Sudhakar welcomed participants and outlined the objectives of the conference.
Chief Minister Siddaramaiah and his deputy D K Shivakumar were among those present on the occasion.
