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India's top judge defends SC/ST 'creamy layer' rule, saying it ensures reservations reach the truly disadvantaged.
Chief Justice of India Bhushan R. Gavai defended his 2024 ruling applying a 'creamy layer' exclusion to Scheduled Castes and Tribes reservations, stating it ensures affirmative action reaches the most disadvantaged.
Speaking at his farewell, he emphasized that true equality requires treating unequals differently, citing B.R.
Ambedkar and noting that privileged SC/ST individuals should not access benefits meant for the truly marginalized.
Despite criticism from within his community, he maintained the judgment was constitutionally sound.
He also highlighted the Court’s rejection of "bulldozer justice," affirmed the right to shelter for all, and supported a 'swadeshi' approach in legal interpretation.
A recent bench ruling clarified that no fixed timeline binds the President or Governors on state bills.
The creamy layer recommendation remains non-binding.
El máximo juez de la India defiende la regla de la "capa cremosa" de SC / ST, diciendo que garantiza que las reservas lleguen a los verdaderamente desfavorecidos.