Former Supreme Court judge Justice Abhay S Oka emphasizes the judiciary’s crucial role in protecting fundamental rights. He warns that the executive often overreaches, and only courts can ensure actions remain within the law and Constitution.
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KERALA: Former Supreme Court judge Justice Abhay S Oka addressed the Kerala High Court Advocates’ Association (KHCAA) Constitution Day Law Lecture, emphasizing the judiciary’s crucial role in safeguarding fundamental rights and maintaining a balance between individual freedoms and executive authority.
Presided over by Kerala High Court Chief Justice Nitin Jamdar, the lecture was held under the theme “Holding the Executive to Account, Responsibility and Duty of the Judges.” Other dignitaries present included Justice Anil K Narendran, KHCAA President Yeshwanth Shenoy, and KHCAA Secretary M.R. Nandakumar.
Justice Oka stressed that courts are the ultimate authority in protecting citizens’ rights when the executive fails to act in accordance with the law.
“There is always a tendency or attempt made by the executive to violate fundamental rights. Courts have to keep a check on such arbitrary actions to ensure that the executive follows the law and Constitution,”
said Justice Oka.
He highlighted cases in which citizens had to approach courts due to the denial of basic rights, including pensions for armed forces personnel, access to potable water for slum dwellers, and other instances of governmental inaction.
“If the police or executive fail to honor and protect the fundamental rights guaranteed under Article 19 (1) (a) of the Constitution, it is the duty of the courts to step in. There is no other institution which can uphold fundamental rights,”
he explained.
Justice Oka noted that judicial oversight is vital for maintaining constitutional governance and ensuring administrative compliance with legal standards.
“It is only when every non-constitutional action of the executive is checked, prevented, or shut down by the Court that the executive can remain within its bounds. The objective is not to curtail executive powers, but to ensure that the executive follows the law and the Constitution,”
he said.
He also cautioned against subtle forms of executive overreach, such as illegal speech restrictions, denial of procedural rights, and decisions that undermine human dignity or the environment.
Justice Oka underscored the importance of freedom of expression, warning against overreach that could stifle public debate or artistic expression.
“We cannot be so shaky on our fundamentals that the mere recital of a poem, or any form of art such as stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities,”
he said, referencing historic cases like the trial of Bal Gangadhar Tilak to illustrate the dangers of misusing sedition laws.
Highlighting the moral responsibility of judges, Justice Oka said:
“We don’t become judges to become popular but for delivering judgments which may not be liked by many, by upholding the oath taken and not by worrying about the consequences but doing the duty as per the Constitution.”
He also praised the importance of dissenting opinions, citing landmark decisions like Kesavananda Bharati that have helped define the constitutional limits of executive power.
Justice Oka concluded by stressing the need to enhance public awareness about the Constitution of India.
“Today, a large section of our population is unaware of the Constitution. Has it worked in the way Dr. Ambedkar expected? The answer, I’m afraid, would be very awkward,”
he observed.
Chief Justice Jamdar supported Justice Oka’s remarks, emphasizing that an independent judiciary is essential to keeping the executive in check.
“It is the duty of every judge to consciously uphold independence within themselves and remain free from bias or external influence,”
said Chief Justice Jamdar.
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