The Chief Justice of India, BR Gavai has strongly supported the principle of sub-classification within reservation for Scheduled Castes, stating that this approach does not question the success of reservation policies but strengthens fairness within backward communities.
Delivering a speech titled “From Representation to Implementation: Realising the Promise of the Constitution” at the Oxford Union on June 10, 2025, CJI Gavai pointed out that the Supreme Court’s judgment in State of Punjab vs Davinder Singh allows the government to provide specific quotas for the more marginalised among the SC/STs through sub-categorisation.
CJI BR Gavai- “This was not to question the relevance or success of reservations but to ensure that the most marginalised among the marginalised groups get their fair share”
CJI Gavai wrote a concurring opinion in the Davinder Singh case and had earlier emphasised on the idea of applying the ‘creamy layer’ concept among SC/ST communities as well. This would help exclude individuals who have already benefitted significantly from reservations, thereby making way for those who are still in need.
He reflected on his life journey, attributing his rise from a municipal school student to the Chief Justice of India to the power of the Constitution.
“For the most vulnerable citizens of India, the Constitution is not just a legal charter or a political framework. It is a spirit, a lifeline, a quiet revolution etched in ink,” - CJI BR Gavai
Highlighting the vision of Dr. B.R. Ambedkar, he said that democracy cannot survive in an unequal society unless power is equitably distributed not just among institutions like the legislature, executive and judiciary, but also among different social groups.
He explained how constitutional provisions since independence have transformed representation from theory to practice. Reservations in political offices, public jobs and educational institutions have brought to the forefront those who were long deprived.
“These constitutional guarantees reflect a vision of substantive equality, which goes beyond formal equality and requires the State to take affirmative action to correct historical disadvantages,”— CJI BR Gavai
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The Chief Justice listed various mechanisms used over the years to achieve social justice—reservation in jobs and promotions, age relaxation, preferential treatment in appointments and scholarships—all meant to break the cycle of exclusion.
He further extended the conversation to include protections and rights for other vulnerable groups such as transgender persons and people with disabilities. Citing the landmark NALSA case and judgments on reasonable accommodation, he emphasised the Court’s proactive role in advancing inclusive representation.
He also referred to the Supreme Court judgments enabling permanent commission for women in the armed forces and the constitutional amendment for reservation for women in legislatures, as important steps in deepening democratic representation.
“The true beauty of Indian democracy lies in this: even as we celebrate 75 years of the Constitution, we continue to reflect, renew and reimagine how to deepen and expand the meaning of representation,”— CJI BR Gavai
Closing his address with a powerful reflection, he quoted scholar Gayatri Chakravorty Spivak’s famous question “Can the subaltern speak?”
“Yes, the subaltern can speak—and they have always spoken. The question now is not whether they can speak or not, but whether society is truly listening,”— CJI BR Gavai
This speech by CJI Gavai is a compelling affirmation of the transformative power of the Constitution, and a reminder of the ongoing duty to ensure that justice reaches the most marginalized in our society.
