CJI Gavai said the Indian Constitution recognises the separation of powers of the executive, judiciary and legislature.”And if the executive is permitted to be the judge, then we will be hitting at the very concept of separation of power,” he said.Referring to the SC judgment on sub-classification of scheduled castes, CJI Gavai said that he had been widely criticised for the judgment by the people belonging to his own community.”I always believed that I have to write my judgment not by demands or desires of the people, but as per the law that I understand and as per my own conscience,” he said.CJI Gavai said he had observed that when a first-generation individual from a reserved category becomes an IAS officer, the benefit often extends to subsequent generations, with the second and even third generation also entering the IAS through the same category.”The question which I had put to myself was that the son or daughter of a person who gets the best education in a school in Mumbai or in Delhi can he be equated with the son or daughter of mason or agricultural labourer in a village and taking education in a Zilla Parishad or gram panchayat school,” he said.He said Article 14 of the Constitution does not mean equality among unequals.”What is contemplated is that unequal treatment to unequals so that they become equals,” he said.”Therefore, by putting a child of a labourer residing in a village and a child of chief secretary residing in Mumbai and studying in the best of the school, my view is that it hits at the very best concept of equality,” he added.
Source link
