Supreme Court judge Bhushan R Gavai has emphasised the pivotal role of the Indian Constitution and Dr BR Ambedkar’s visionary principles in advancing social and economic justice, articulating how the Constitution has empowered individuals from disadvantaged backgrounds, including himself, to attain prominent positions.
Constitution helped us move towards social justice: Supreme Court judge
Speaking in Guwahati on Saturday to commemorate the birth centenary of SN Bhuyan, the late advocate general of Assam and father of Supreme Court judge Ujjal Bhuyan, justice Gavai, who is in line to become the Chief Justice of India next year, pointed out that the progress made in ensuring reservation benefits reach the most disadvantaged groups is a testament to the Constitution’s effectiveness. He highlighted the judiciary’s proactive role in this endeavor, stating: “It is only because of the Indian Constitution and the vision of Dr Ambedkar that we have progressed towards social and economic justice.”
Justice Gavai, who was elevated as a judge of the Supreme Court in May 2019, is currently the third most senior judge in the top court. After justice K G Balakrishnan, justice Gavai will be the second Dalit to become the CJI. Following the retirement of justice Sanjiv Khanna on May 3, 2025, he will remain in that post till November 23, 2025.
Addressing historical injustices in his speech, justice Gavai remarked on the oppressive conditions faced by women in traditional Indian society as he praised the Supreme Court’s efforts to combat discrimination. “The Supreme Court has not only come down heavily when discriminatory treatment was meted out to women but has also acted in a proactive manner,” he said, citing the case of Nergesh Meerza Vs Union of India (1981) as a pivotal moment when the Court condemned discriminatory policies against female flight attendants.
Turning to reservations for backward classes, SC/STs, justice Gavai discussed the evolution of judicial perspectives on equality. He highlighted the significance of the NM Thomas Vs Union of India (1975) case, stating: “NM Thomas is a milestone in Indian jurisprudence insofar as the rights of backward classes, Scheduled Castes, and Scheduled Tribes are concerned.” The judge also emphasised that the Indra Sawhney case (1992) further advanced this jurisprudence by rejecting the argument that reservations were anti-merit, asserting: “Reservations were necessary to achieve true equality.”
Justice Gavai praised a recent judgment permitting sub-classification for SCs and STs to ensure that reservation benefits reach the most disadvantaged within these communities. He also discussed applying the creamy layer principle to SCs and STs, advocating for reservation benefits to be directed to those who genuinely need them.
Incidentally, it was justice Gavai’s concurring opinion, delivered as part of a broader ruling, that affirmed sub-classification within the SC/STs on August 1, that delved into the contentious issue of the “creamy layer” and its exclusion from the benefits of affirmative action. In a forward-looking judgment, justice Gavai articulated the need for the exclusion of the “creamy layer” within the Scheduled Castes (SCs) and Scheduled Tribes (STs) from the benefits of reservation policies so as to ensure that the benefits of affirmative action reach those who are genuinely in need, rather than those who have already transcended their social disadvantages.
In his address, justice Gavai also defended the significance of the directive principles of state policy, countering criticisms of them being mere aspirations. “Dr. Ambedkar’s analogy of a ‘post-dated cheque’ was meant to illustrate that while these principles might seem aspirational now, they are not on a bankrupt bank. He believed that one day, the bank of our country would be capable of encashing the cheque,” he explained.
Reviewing key constitutional amendments and Supreme Court rulings, justice Gavai highlighted the impact of the first constitutional amendment in 1951, which facilitated special provisions for disadvantaged groups and protected land reform laws. He concluded by reflecting on the significant progress achieved over the past 75 years, noting that individuals from SCs, STs and OBCs have reached prominent positions, including chief secretaries, directors general of police and even the presidency.
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