Justice A.S. Oka stressed that judges must not think about future career opportunities after taking the oath. He said such thoughts weaken their ability to perform judicial duties with honesty, independence, and integrity.
Justice A.S. Oka, a retired Supreme Court judge, emphasized on June 29 that judges must not consider their future career opportunities after taking their oath of office.
He stated that as soon as a judge starts thinking about potential future roles, it undermines their ability to fulfill their judicial duties faithfully.
Justice Oka, aged 65, concluded his tenure after delivering 11 judgments on his last day in court.
He remarked during a farewell event organized by the Bar Council of Maharashtra and Goa,
“I always feel that once you take the oath of Justice, you should not think of your future prospects for even a second. The day the judge thinks of the positions he can get in the future, he will be unable to work in accordance with his oath. I think the oath we take as justices, if the oath is to be adhered to, then I think it would reach a point where one should not think of the consequences of any of the judgments one gives, that is my opinion,”
Justice Oka further asserted that judges should disregard the potential reactions to their rulings from the government or the opposition. He clarified that delivering a judgment against the ruling party does not imply an alignment with a contrary ideology.
He added,
“When I teach at the judicial academy, I always advise: Please think about if your judgment is according to the law; don’t think about whether it will hurt anyone or affect your future positions. Render the judgment you believe is right, fearlessly, and stand by it. I feel that no judge should try to please any lawyer … As a Justice, one should not worry about public opinion or future prospects,”
Reflecting on the 75th anniversary of the Constitution of India, Justice Oka encouraged young lawyers and law students to learn from history.
He recounted instances where judges were overlooked for senior positions due to their commitment to judicial independence, highlighting the example of former Bombay High Court Chief Justice Chittatosh Mookerjee.
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He noted,
“Post the establishment of the Supreme Court, in a few years, in a community functioning, the Prime Minister told Justice Mookerjee that instead of making the senior-most judge, we will make you the Chief Justice. Without hesitating for a second, Justice Mookerjee said that ‘if you do this I will resign.’ Such a person should be remembered,”
Justice Oka also referenced the landmark Kesavananda Bharati ruling, where three judges who ruled against the government were stripped of their seniority and ultimately resigned due to governmental pressure.
He recounted,
“Justice (JM) Shelat, Justice (KS) Hegde, and Justice (AN) Grover had to resign (after Justice AN Ray was appointed as Chief Justice of India, by superseding these three judges for the post),”
He highlighted Justice H.R. Khanna’s principled stand in the ADM Jabalpur case, which he anticipated would cost him the Chief Justice position.
Justice Oka stated,
“We all know he had to resign and we have never forgotten Justice HR Khanna. So I want to say that this bright tradition teaches us one thing, that Justice should not worry about the crowds, what anyone will think, what the government will say. Give the right judgement,”
He also acknowledged the limitations associated with holding a judicial office, sharing that he often deferred media requests, needing time to consider them carefully.
He said,
“Even if I were not in the position of a Justice, then too I would have to be mindful of the restrictions and why I have to be mindful of them,”
Justice Oka raised concerns about the critical shortage of judges in the district judiciary, referencing a 2002 Supreme Court ruling that recommended a ratio of 50 judges per 10 lakh people. He noted that the current ratio remains at only 22.
He urged all Lawyer Associations nationwide to unite in advocating for the implementation of the proposed judge-to-population ratio, instead of merely criticizing the judiciary for delays.
He explained,
“Take Allahabad High Court in a day, 1000 bail applications are listed on each judge’s board. What should that judge do? Let’s keep the judge aside, it is the judge’s job and struggle. What are the parties supposed to do? Bail applications are on the board, but they don’t move because the judge is so occupied,”
He also expressed concern that delays in processing collegium recommendations for judicial appointments are discouraging qualified candidates from entering the higher judiciary.
Justice Oka concluded,
“Once the name appears on the website, (the candidate) stops getting work. So now, when the good lawyers are asked to join, they refuse because they do not want to undergo the struggle. The ones who say yes are not bad lawyers, but in the process, many good lawyers are lost,”