Justice AS Oka warns that threats to judiciary’s independence persist across all governments and urges constant vigilance by judges and lawyers. He also slams delays in judicial appointments as demoralising and damaging.
Goa: Today, on July 3, Former Supreme Court judge Justice Abhay S Oka, while delivering the Justice H.R. Khanna Memorial Lecture in Goa, highlighted that the independence of India’s judiciary has been facing serious challenges for decades — regardless of which political party is in power.
He made a strong appeal to both judges and lawyers to remain continuously alert in safeguarding the autonomy of the judicial system.
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Justice Oka emphasised that judicial independence is not a one-time struggle but an ongoing battle that requires vigilance and commitment at all times.
He stated,
“Whether it is during an Emergency or under any government, there is always a threat to the independence of the judiciary…That is why judges and members of the Bar must stay alert. This is not a one-time struggle,”
He expressed deep concern about the increasing delay in appointing judges across High Courts and the Supreme Court.
Describing the issue as both “serious” and “structural”, Justice Oka criticised the government’s delay even after the Supreme Court Collegium has recommended names.
“Even after a name is cleared by the Supreme Court Collegium and uploaded on the website, appointments are kept pending for months. Some wait for nearly a year. That kind of uncertainty is not just demoralising, it weakens the institution,”
he said, highlighting how such uncertainty is negatively affecting the morale and integrity of the judiciary.
Justice Oka acknowledged that former Chief Justice of India Sanjiv Khanna made attempts to bring more transparency into the Collegium’s functioning.
However, he noted that the current process is still affected by multiple levels of government interference and delays.
“The Chief Minister can object. The Governor can object. Then comes the Intelligence Bureau report and the view of the Union government. Even after the Collegium clears a name, the appointment can remain in limbo,”
Justice Oka remarked, explaining how executive hurdles are obstructing judicial appointments.
He added that this flawed appointment process is creating a negative perception among senior lawyers, deterring them from joining the judiciary.
He pointed out,
“Bright lawyers are reluctant to accept judgeship. They fear the process will drag. Even Chief Justices are finding it hard to convince candidates. That’s the reality we are facing,”
In his speech, Justice Oka took the audience back to historical moments of courage and integrity in India’s legal history.
He remembered the landmark dissenting opinion by Justice H.R. Khanna in the infamous ADM Jabalpur v. Shivkant Shukla case during the Emergency era — a decision which cost Justice Khanna the position of Chief Justice of India, but earned him lasting respect for upholding the Constitution.
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He further praised several High Court judges who stood up against misuse of power during the Emergency, citing examples from the Bombay High Court.
He recalled,
“Bombay High Court judges like Justice Tulzapurkar, Justice Vimadalal, and Justice CS Dharmadhikari took strong positions. They held that even under preventive detention, if an order was malafide or outside the law, courts had the power to intervene under Article 226,”
Justice Oka also cautioned that several arguments used to justify curbing civil liberties during the Emergency are being revived today, though in different forms.
He shared an example from his own time as Chief Justice of the Karnataka High Court, when a case came up challenging the use of Section 144 of the Code of Criminal Procedure (CrPC) to suppress protests against the Citizenship Amendment Act (CAA).
“We had to strike that down. The method has changed, but it remains,”
he stated, stressing that new methods are now being used to achieve the same kind of suppression seen during the Emergency.
Speaking directly to the younger generation of legal professionals, Justice Oka offered advice that staying true to constitutional values should matter more than recognition or position.
“You may not reach the top post. You may not be liked by those in power. But what you gain is the satisfaction of staying true to your oath,”
he said, encouraging future judges and advocates to uphold the spirit of justice without fear or favour.
To end his address, Justice Oka quoted Lokmanya Tilak’s famous statement during his sedition trial — a reminder of the enduring struggle for freedom of expression in India.
“Tilak told the jury that the government may dislike him, but that alone cannot be grounds for sedition. That is the kind of spirit we must carry forward.”
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