New Delhi | June 11, 2025

 

Chief Justice of India Dr. B.R. Gavai has emphasized that sub-classification within Scheduled Castes (SCs) and Scheduled Tribes (STs) is not a dilution of the reservation policy, but rather a necessary step to ensure justice within the broader category of the disadvantaged. His remarks came during a lecture delivered at the prestigious Oxford Union, where he addressed the evolving nature of social justice under the Indian Constitution.

 

 

Speaking on the theme “From Representation to Realisation”, CJI Gavai said that reservations were designed not just to provide representation, but to empower those historically excluded from power structures. Within these communities, some groups have benefited more than others. Sub-classification, he explained, helps address this imbalance by identifying “the most backward among the backwards”, and ensuring they receive a fair share of representation in public employment and education.

 

“Sub-classification does not question the success of reservation it strengthens it,” the Chief Justice remarked, reiterating that equitable distribution within disadvantaged communities is constitutionally valid and ethically justified.

 

 

CJI Gavai’s remarks align with the Constitution Bench ruling in State of Punjab v. Davinder Singh (2024), where the Supreme Court upheld the right of the state to create sub-classifications among SCs for targeted benefits. The Court held that affirmative action must be nuanced, especially when evidence shows that benefits have been disproportionately accessed by a few castes.

 

Justice Gavai, who authored a concurring opinion in that case, had advocated for applying the “creamy layer” concept even within SC/ST reservations to prevent monopolisation of benefits.

 

 

• Deepens Affirmative Action: Sub-classification helps reach underrepresented sub-castes within SC/ST categories.

• Reflects Social Realities: Acknowledges that some groups within reserved categories remain far more vulnerable.

• Constitutionally Sound: Reinforces that reservation is about remedying structural inequality, not merely group identity.

 

 

CJI Gavai framed sub-classification as part of the Constitution’s larger promise to provide real and substantive equality, not just formal representation. He credited India’s constitutional model for allowing peaceful accommodation of diversity and fostering inclusive democracy through legal innovation.

 

He also noted recent judicial interventions on gender justice, disability rights, and transgender protections as extensions of the same philosophy of inclusive representation that underpins reservation policy.