Former Supreme Court judge Justice A.S. Oka said judges must rise above public opinion and personal beliefs while delivering judgments. He stressed that constitutional law, not popular morality, should guide court decisions.
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NEW DELHI: Former Supreme Court judge Justice Abhay S. Oka said that judges must never be influenced by popular opinion or their own personal beliefs when giving judgments. He said that the duty of a judge is to follow the law and the Constitution strictly, even if it means giving a verdict that the majority of people may not agree with.
“The basic rule is that judges shouldn’t be swayed by popular opinion. That is the concept of morality for judges. When a judge heard a case, he should apply his mind and decide on which side is the law. Once he has decided how to deliver verdict, he should not be bothered about future prospects – he must boldly deliver the verdict,”
-Justice Oka said.
He was speaking at a lecture event organised by The Global Jurists on the topic “Morality in the Judiciary: A Paradigm or a Paradox.”
Justice Oka explained that sometimes judges may have to deliver judgments that most people do not like, but that is exactly what their constitutional oath requires them to do.
“The traditional concept of morality is always controlled by popular opinion and as judges we don’t get controlled by popular opinions. As a judge, I should be ready to deliver a verdict which is not liked by majority. That’s the duty of a judge….judges are bound by the oath under the Constitution.”
“As a judge, I should be ready to deliver a verdict which is not liked by majority. That is the duty of a judge.”
To support his view, Justice Oka gave an example of how Justices S Muralidhar and Anup Bhambhani acted with great responsibility and courage during the Delhi riots. They sat at midnight to ensure that riot victims could move safely and even made sure their orders were followed completely.
He said this kind of judicial action shows how seriously some judges take their responsibility, and society must respect that.
Justice Oka also talked about how some of the bravest judgments in Indian legal history came from judges who stood against political pressure, like Justice H.R. Khanna in the ADM Jabalpur case. He also reminded young lawyers that some judges who gave strong majority judgments were later sidelined, but they still followed their oath.
“We talk about dissenting judgment and why there are dissenting judgments? We talk about Justice HR Khanna. He was bound by his oath, he was not bound by what politicians feel, people in power feels. We talk about Kesavananda Bharati but younger generation of lawyers have forgotten that three judges who gave majority verdict within a day or two days, they were superseded…”
Justice Oka clearly explained that judges must completely keep aside their religious, personal, or moral views while performing their duty in court.
“When we talk about morality in the context of judges you must remember that it is not the morality of common parlance. A judge of any court, when takes an oath to uphold the law and the constitution. A judge before assuming office he may have his own ideas of morality. It may be a religious belief or a faith. A judge may have particular concept about morality. He may practice a particular religion or believe in a particular philosophy. We all are human beings. When he becomes a judge he must keep his views in a watertight compartment while discharging duties as a judge. What should be concept of morality for judges? My personal view for judges is that something which is legal and constitutional is moral and something which is not legal and constitutional is immoral,”
he said.
He also mentioned that while handling sensitive criminal cases, judges sometimes find it difficult not to be emotionally affected by what they read or hear.
“Judges are concerned with law and not morality in common parlance. I can site several examples. After reading the statements of witnesses, it is possible that the judges do get influenced by the nature of allegations and sometimes it may happen that you may get influenced by such incidents…there are heinous crimes which are committed nobody can deny that. There are crime against woman. But where sometimes minds of judges get influenced, judges are also human beings, you must remember that.”
“A judge may practice a particular religion or believe in a particular philosophy. When he becomes a judge he must keep his views in a watertight compartment while discharging duties as a judge.”
Justice Oka raised concern over the way politicians, including Chief Ministers, publicly say that an accused will be hanged even before trial. He said such comments create pressure on judges of lower courts and can damage fair trials.
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He made it clear that judges cannot deliver verdicts based on what society feels is moral, but instead, they must stick to what is legal and backed by evidence.
He also talked about moral convictions, saying that personal moral beliefs have no place in judicial decisions. Only the law and Constitution should matter.
Justice Oka shared a personal experience when someone questioned how a judge could give bail in financial crime cases. He explained that if bail conditions are fulfilled legally, then a judge’s personal views should not interfere.
“We, as judges who have taken oath under the constitution, all that we have to see is weather the procedural requirement has been followed before passing order. Because of you don’t follow norms and procedure, the order will be in complete violation of Article 21 of the constitution.”
Justice Abhay Shreeniwas Oka: Background and Judicial Career
Early Life and Education:
Justice Abhay Shreeniwas Oka was born on May 25, 1960. He pursued his law degree from Mumbai University and began his legal career soon after.
His early legal education laid a strong foundation for his later contributions to the Indian judiciary.
Legal Career:
Justice Oka enrolled as an advocate in 1983 with the Bar Council of Maharashtra and Goa. He practiced primarily in the Bombay High Court, specializing in constitutional, civil, and service law matters.
He earned a reputation for his deep knowledge of the law and strong professional ethics.
He also served as the Honorary Secretary of the Bombay Bar Association, a position reflecting the confidence and respect he held among his peers.
Judicial Appointments:
- Judge of the Bombay High Court (2003–2019):
Justice Oka was appointed as a permanent judge of the Bombay High Court in August 2003. Over his 16-year tenure, he delivered several notable judgments, particularly in the areas of civil liberties, public interest litigation, and environmental law. His work was marked by clear reasoning and a principled approach to constitutional interpretation.
- Chief Justice of Karnataka High Court (2019–2021):
He was elevated as the Chief Justice of the Karnataka High Court on May 10, 2019. During his tenure, he was widely appreciated for his efforts to uphold judicial accountability, streamline case management, and proactively take up issues affecting public welfare. His leadership during the COVID-19 crisis, especially in safeguarding migrant rights and healthcare access, earned him national recognition.
- Judge of the Supreme Court of India (2021–2024):
Justice Oka was appointed to the Supreme Court on August 31, 2021, and served until his retirement on May 24, 2024. In the apex court, he continued his commitment to protecting constitutional rights, defending judicial independence, and delivering reasoned and fair judgments. His opinions often reflected a balance of legal precision and human empathy.
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Judicial Philosophy and Reputation:
Justice Oka is known for his unwavering commitment to the Constitution and rule of law. He has repeatedly emphasized that judges must remain free from political influence, societal pressure, or personal beliefs while deciding cases.
His speeches and judgments reflect a belief that what is legal and constitutional is moral, and anything outside of it is not.
He is widely respected for his integrity, impartiality, and courage to uphold unpopular positions when demanded by law. His commitment to judicial independence has been a recurring theme throughout his career.
Public Stance and Views:
Justice Oka has often spoken publicly on the need for judicial restraint, independence, and the risks of allowing popular morality to influence verdicts.
He has highlighted the importance of dissent, constitutional fidelity, and the moral responsibility of judges to act strictly within the framework of law, not public sentiment.
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