What did CJI BR Gavai say on the creamy layer decision in SC-ST?, know…

Panaji: Chief Justice of India Bhushan Ramakrishna Gavai said in his speech at the Goa High Court Bar Association on Saturday that allowing the executive to play the role of a judge undermines the principle of ‘separation of power’ enshrined in the Constitution.

Referring to the recent Supreme Court decision on bulldozer action, he said, ‘I am proud that we issued clear guidelines to prevent the executive from becoming a judge. The Constitution recognizes the separation of power between the executive, judiciary and legislature. If the executive is given this right, it will deeply hurt the constitutional structure.’

Referring to his decision against bulldozer action, CJI Gavai said, ‘As the guardian of the Constitution, it is our duty to protect the rights of the citizens. We ensured that no one’s house is demolished without due process.’ He called this decision a big step towards protecting the fundamental rights of citizens.

Decisions are not made under the wishes or pressure of the public: CJI
Referring to his controversial decision on sub-classification in the creamy layer and Scheduled Castes, CJI Gavai said, ‘My decision was strongly criticized by my own community, but I always believe that the decision should not be based on the wishes or pressure of the public, but according to the law and one’s conscience.’

He told that some of his colleagues had also objected to this decision, but his logic was clear. CJI BR Gavai said, ‘I saw that the first generation from the reserved category becomes IAS, then the second and third generation also take advantage of the same quota. Can a child equipped with every facility, studying in the best schools of Mumbai or Delhi, be equal to the child of a rural laborer or farmer who studies in a Zilla Parishad or Gram Panchayat school?’

Citing Article 14 of the Constitution, he said, ‘Equality does not mean equal treatment to all. The Constitution advocates unequal treatment to make inequality equal. Comparing the child of a Chief Secretary, who studies in the best schools, and the child of a labourer, who studies with limited resources, is against the basic spirit of the Constitution.’

Judges are also human beings and can make mistakes: CJI
He said that his view was supported by three other Supreme Court judges. Regarding the criticism of the Supreme Court’s decision on the creamy layer, CJI BR Gavai openly said, ‘Criticism is always welcome. Judges are also human beings and can make mistakes.’ He revealed that as a High Court judge, he himself considered two of his decisions as ‘per incuriam’ (decisions given without proper consideration). This happened once in the Supreme Court as well.

He stressed, ‘High Court judges are in no way inferior to the Supreme Court. Administratively, the High Courts of the country are independent.’ The CJI also referred to the Jhudpi Jungle case in Vidarbha, where the Supreme Court had considered 86,000 hectares of land as forest but ruled not to evict people and farmers living there for decades. Chief Justice of India BR Gavai said, ‘I am happy that we gave relief to those who were living in fear of losing their livelihood and shelter. This is a step towards social and economic justice.