In a landmark judgment, Justice BR Gavai, set to become the second Dalit Chief Justice of India, emphasized the need for sub-classification within Scheduled Castes and Tribes to ensure reservations benefit the most marginalized. Justice Gavai, who hails from the Dalit community, called for a policy to identify and exclude the creamy layer from affirmative action, noting that privileged individuals within these communities are monopolizing quota benefits, depriving the majority.

He remarked, "When a person secures a position, they often prevent others from accessing the same benefits. Social justice granted them this advantage, but it should also extend to those inadequately represented."

Justice Gavai cited Dr. BR Ambedkar’s 1949 speech, highlighting the need for social democracy to support political democracy. He stressed that only a segment of SC/ST communities benefits from reservations, while many still face discrimination.

Supporting this view, Justice Pankaj Mithal suggested reservations should be limited to the first generation, and Justice SC Sharma and Justice Vikram Nath agreed that the creamy layer principle applied to OBCs should extend to Scheduled Castes and Tribes. This, they argued, is essential for achieving true equality.

In a landmark judgment, Justice BR Gavai, set to become the second Dalit Chief Justice of India, emphasized the need for sub-classification within Scheduled Castes and Tribes to ensure reservations benefit the most marginalized. Justice Gavai, who hails from the Dalit community, called for a policy to identify and exclude the creamy layer from affirmative action, noting that privileged individuals within these communities are monopolizing quota benefits, depriving the majority.

He remarked, "When a person secures a position, they often prevent others from accessing the same benefits. Social justice granted them this advantage, but it should also extend to those inadequately represented."

Justice Gavai cited Dr. BR Ambedkar’s 1949 speech, highlighting the need for social democracy to support political democracy. He stressed that only a segment of SC/ST communities benefits from reservations, while many still face discrimination.

Supporting this view, Justice Pankaj Mithal suggested reservations should be limited to the first generation, and Justice SC Sharma and Justice Vikram Nath agreed that the creamy layer principle applied to OBCs should extend to Scheduled Castes and Tribes. This, they argued, is essential for achieving true equality.