India’s Chief Justice BR Gavai said on Tuesday that the aim of the Supreme Court’s decision in favor of sub-classification within the Scheduled Castes for the objectives of reservation was that “to ensure that to ensure that the groups of the margins the most margins get their right part”.
Speaking in the Oxford Union on the subject, ‘Representation to realization: Confiring the promise of the Constitution’, CJI Gavai referred to the Supreme Court’s verdict on August 1, 2024 and said that “it was not to question the relevance or success of reservation, but to ensure that the most margins within the groups of the margins.
The 6: 1 majority verdict rejected the decision in EV Chinnayah vs Andhra Pradesh of 2004, stating that the Scheduled Castes formed and could not be formed. Sub-classified.
CJI Gawai said that “For the most vulnerable citizens of India, the Constitution is not just a legal charter or a political structure. It is a feeling, a lifeline, a quiet revolution in ink.”
Recalling his visit to the office of the Chief Justice of India from a municipal school, CJI Gavai said that the Constitution is “a guide empower”. He said, “This is what the constitution did. It told the people of India that they are, they can speak for themselves, and that they have a similar place in every sphere of society and power,” he said.
The CJI said that “the Constitution of India bears the heartbeat of those who were never heard, and the vision of a country where equality is promised, but also chased. It forces the state to not only protect rights, but also to actively uplift, confirm, repair”.
CG Gawai Said that Dr. Bribedkar “saw the representation as an essential investigation – a system of constitutional investigation and balance – to protect against arbitrary power and social dominance of major caste and class groups”.
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He said, “He understood that in a society where inequality was systematically entangled, change would not come naturally or voluntarily. Therefore, the constitutional text itself had to lift the weight of a mandate- to protect, strengthen a mandate, and ensure representation,” he said.
CJI Gawai stated that the “constitutional guarantee” on representation reflects a vision of original equality, which goes beyond formal equality and the state needs to take positive action to fix historical loss “.
The CJI said, “The true beauty of Indian democracy lies in it: even when we remember the 75 years of the Constitution, we reflect, renew, and expand the meaning of representation to deepen and extend the meaning of representation. Last year, Parliament has passed a constitutional amendment to provide political reservation for women in Parliament.”
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