Justice Gavai observed in 2024 that states must evolve a policy for identifying the creamy layer even among the Scheduled Castes (SC) and Schedule Tribes (ST) and deny them the benefit of reservation. Asserting that the Indian Constitution is not "static", Justice Gavai said Dr BR Ambedkar always considered that it has to be evolving, organic, and a state-of-the-art living document as Article 368 provides for the amendment of the Constitution.