oppn parties Justice Gavai Highlights An Old Problem Which Needs Urgent Attention

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  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
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Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Justice Gavai Highlights An Old Problem Which Needs Urgent Attention

By Sunil Garodia
First publised on 2025-11-24 06:20:19

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Gavai Leaves, but His Warning Stays

Chief Justice B. R. Gavai ended his term with a message that hits harder than most farewell speeches. He said the quiet part out loud: a small, upwardly mobile group within SC communities is taking up most of the reserved jobs, while the poorest keep waiting for their turn.

Anyone who has followed how reservation works on the ground knows he isn't imagining it. The same families rise again and again. The same surnames show up in recruitment lists. Meanwhile, many who need the safety net most barely get a glance from the system meant to support them.

The Unequal Inside the Unequal

Gavai's point is blunt. When a child grows up with access and confidence because the family has already moved up, they don't stand at the same starting line as someone still wrestling with social hostility and economic insecurity. Treating both as equally disadvantaged may feel politically safe, but it isn't honest.

Why Sub-Categorisation Matters

His solution is also straightforward. Break the SC quota into sub-groups. Identify who still sits at the bottom. Ensure they don't get drowned out by those who have already broken through. This isn't dilution. It's course correction. A system designed to lift the most vulnerable should not accidentally reward the most established.

Pushback Is Expected, but the Drift Is Real

Of course there is resistance. Any talk of creamy-layer exclusion inside SCs is met with suspicion, some of it justified by history. But that cannot hide the uncomfortable truth: if reservation continues to benefit the same clusters while bypassing those still stuck in harsh conditions, it loses moral ground. And once that happens, the political attacks will come from all sides.

The Tough Part Is Implementation

Drawing a line between privilege and disadvantage inside a disadvantaged group is difficult. Income alone won't capture it. Social capital isn't written on a certificate. But refusing to even try only helps those already at the top of the ladder.

A Rare Moment of Honesty

Gavai's parting message deserves attention because he said what many insiders avoid. Reservation is not failing, but parts of it are drifting. Fixing that drift is not anti-Dalit or anti-reservation. It is the only way to keep the system credible and fair.

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