Outgoing Chief Justice of India B.R. Gavai has made a robust defense of the collegium system while advocating for significant reforms in reservation policies during his final public statements before retirement.
Strong Defense of Judicial Appointment System
In what appears to be his final major public address before stepping down, Chief Justice B.R. Gavai delivered a comprehensive defense of the much-debated collegium system. The outgoing CJI emphasized that the current mechanism for appointing judges to higher judiciary remains the most effective system available.
The collegium system, which involves senior Supreme Court judges in the selection and appointment process, has faced considerable criticism from various quarters. However, Justice Gavai stood firm in his support, highlighting its importance in maintaining judicial independence.
Creamy Layer Exclusion in SC Reservations
In a significant statement that could influence future policy discussions, Justice Gavai batted for the exclusion of creamy layer from Scheduled Caste reservations. This position aligns with ongoing debates about ensuring that reservation benefits reach the most marginalized sections within reserved categories.
The concept of creamy layer exclusion has been a contentious issue in Indian reservation policy. While currently applied to Other Backward Classes (OBCs), its extension to Scheduled Castes would represent a major shift in India's affirmative action framework.
Post-Retirement Plans and Cooling-off Period
Addressing questions about his future plans, Justice Gavai made a significant commitment regarding post-retirement assignments. "I made it clear when I took office that I am not going to accept any post-retirement official assignment", he stated unequivocally.
The outgoing Chief Justice revealed that he intends to observe a cooling-off period of 9-10 days following his retirement. After this brief interval, he described his future plans as "a new innings", though he did not specify the nature of this next phase of his career.
Justice Gavai's statements, made on November 23, 2025, represent some of his final public remarks as India's top judicial officer. His clear position on both judicial appointments and reservation reforms is likely to influence ongoing debates in both legal and political circles.
