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Delayed appointments challenge judiciary's independence: SC ex-judge
Delayed appointments challenge judiciary's independence: SC ex-judge

Time of India

time03-07-2025

  • Politics
  • Time of India

Delayed appointments challenge judiciary's independence: SC ex-judge

Porvorim: Lawyers recommended for judgeship have to wait for around a year for govt to approve their appointment. This is an example of the independence of the judiciary still being challenged today, a retired judge of the Supreme Court , Justice Abhay S Oka, said on Thursday. He said that former Chief Justice of India, Sanjiv Khanna, made the entire system transparent by putting in the public domain every single document on how the collegium functions. All documents at every stage, right from the recommendation from the collegium of the high courts, the state, and authorities, to any objection raised by the chief minister, the governor, or the intelligence bureau, as well as the response of Govt of India, are all public, Oka said. 'All this comes before the Supreme Court collegium, but today we have scenarios where, after the Supreme Court collegium approves the recommendation and it is put out on the website, it takes nine months and even more than a year for govt to approve the names of judges,' Oka said. The retired justice said, 'Once the Supreme Court collegium resolution is on the website, imagine the mindset of that person. He cannot get work as he feels he's going to become a judge, but he must wait nine months or even a year or more. Does this not affect the independence of the judiciary?' Oka said, 'Therefore, the scenario today is that of chief justices saying they find it difficult to persuade bright lawyers to accept judgeship because of the practical difficulties they face due to the uncertainty.' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo He was delivering the first lecture under the annual lecture series in memory of the late Justice H R Khanna of the Supreme Court, organised by the Goa High Court Bar Association. Oka said it is up to the legal fraternity to ensure that the independence of the judiciary remains intact, and unless the judiciary is independent, fundamental rights and democracy will not survive. While the right to hold protests was curbed during the Emergency, the tendency continues even today, Oka said. 'I came across a case as the Chief Justice of the Karnataka high court in 2020 or 2021 where Section 144 of the Code of Criminal Procedure was invoked when somebody wanted to protest against the CAA,' Oka said. 'In those days, rulers relied upon Emergency powers, but the tendency continues and I had to set aside the order that prohibited an agitation against the CAA.' Once a lawyer takes an oath as a judge, he or she should never think about future prospects, he said, and not think about the consequences of a judgment they are going to deliver. Bold and fearless judges like the late Justice Khanna, who was fiercely independent, may not get high posts but will get great satisfaction in abiding by the oath, Oka said. Judges like Khanna and other fearless judges who sacrificed a lot but did not reach the pinnacle or the Supreme Court will nevertheless be remembered forever, he said. On the other hand, he said, there are judges who have reached high positions but have already been forgotten.

Farewell: To battle pendency, judges must take up more matters, says Justice Oka
Farewell: To battle pendency, judges must take up more matters, says Justice Oka

Hindustan Times

time30-06-2025

  • Politics
  • Hindustan Times

Farewell: To battle pendency, judges must take up more matters, says Justice Oka

MUMBAI: The Bar Council of Maharashtra and Goa on Sunday held a farewell felicitation ceremony in honour of former justice Abhay Oka, who retired from the Supreme Court in May this year. The event, organised in Pune, also saw the launch of a commemorative book by the Pune Bar Association documenting 50 landmark judgments authored by justice Oka during his judicial career. Farewell: To battle pendency, judges must take up more matters, says Justice Oka Justice Oka, 65, demitted office after delivering 11 judgments on his final day in court. Speaking at the event, he expressed regret over cases he could not conclude before retirement. Clarifying his future plans, justice Oka said he would not appear before any court or tribunal nor engage in arbitration, but would offer legal opinions on various matters. Highlighting the urgent need to address judicial delays, Justice Oka urged young lawyers to seriously consider a career in the judiciary. 'Judges should take up more matters to battle pendency. Another bench of the high court is not going to reduce pendency,' he said. One of justice Oka's most significant rulings from the Supreme Court was on the powers of state governments to regulate industrial alcohol. Interpreting industrial alcohol as falling under the term 'intoxicating liquor' in the Constitution, Justice Oka upheld the legislative competence of states in this area—marking a crucial moment in India's federal regulatory framework. Born on May 25, 1960, justice Oka began his legal career at the Thane District Court, training under his father. He was appointed as an additional judge of the Bombay High Court on August 29, 2003, and became a permanent judge in November 2005. In May 2019, he was sworn in as Chief Justice of the Karnataka High Court and was elevated to the Supreme Court in August 2021. Justice Ujjal Bhuyan, who served on the Supreme Court bench alongside justice Oka, spoke on the importance of an independent judiciary. Quoting Caroline Kennedy, he said, 'The bedrock of our democracy is the rule of law, and that means we need to have an independent judiciary, with judges who can make decisions free of political pressure or expectation.' Several judges of the Bombay High Court, who had served with Justice Oka, recalled his legacy. Justice Makrand Karnik described him as a demanding yet fair senior who instilled discipline, punctuality, and a strong work ethic in his colleagues. Justice Revati Mohite-Dere credited justice Oka with championing gender parity in the judiciary, recalling how he encouraged the elevation of women judges such as herself, justice Sadhna Jadhav, Justice Urmila Phansalkar, and justice Gauri Godse. Justice Mahesh Sonak praised justice Oka for his openness to divergent views and fearless adjudication—traits that defined his judicial philosophy. The event also honoured senior advocate Shrikant Kanetkar for his lifetime contribution to the legal profession. Fourteen other advocates were felicitated for their enduring service to the law.

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