Justice Oka said we never thoroughly examined our own shortcomings in the judiciary. It’s crucial for us to identify our ideal goals and understand where we might have deviated from them.
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Supreme Court Justice AS Oka, a prominent figure in the Indian judiciary, has voiced a significant concern about the eroding faith in the judicial system, emphasizing the urgent need for introspection and reform. In a candid statement, Justice Oka highlighted the gap between the judiciary’s performance and the common man’s expectations, pointing out that the faith once placed in the judiciary has considerably diminished. This decline, he suggests, is primarily due to the inability to provide accessible, quality, and affordable justice.
Justice Oka said-
“Have always believed judges should not live in ivory towers. Have been interacting with all stakeholders and my personal view is that judiciary has not fulfilled the common man’s expectations and rather is lagging behind. Whatever faith they had earlier has eroded considerably due to various reasons, mainly that we are not able to provide access to justice and also quality and cost of justice. We never applied our mind as to where we are going wrong. We have to find out what we should have ideally achieved.”
Justice Oka stressed the importance of judges not isolating themselves in “ivory towers” but instead engaging with all stakeholders to understand and address these issues. He believes that the judiciary has fallen short in fulfilling its role, and there is a crucial need to identify where it has gone wrong and what it should have ideally achieved.
“We never applied our mind as to where we (judiciary) are going wrong. We have to find out what we should have ideally achieved.”
– Justice AS Oka
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One of the key issues he identified is the neglect of trial courts, which are often overlooked in discussions that focus predominantly on the Supreme Court or High Courts. This neglect, according to Justice Oka, contributes to the judiciary’s failure to meet public expectations.
Furthermore, Justice Oka pointed out the low judge-to-population ratio as a significant factor in failing to meet people’s expectations. He also flagged the inadequate infrastructure in trial courts, recalling his efforts in Maharashtra to construct 11 court complexes through a continuous writ of mandamus.
He clarified that the views being expressed by him are his personal views and not of the Supreme Court.
“I have always believed that after India became republic, every citizen had very high expectations towards easy access to justice. It is not simply filing complaints before courts of law or police. It has to be quality and expeditious justice at reasonable cost,”
-he said.
Justice Oka also touched upon the rising number of matrimonial disputes, noting the overwhelming number of cases flooding family courts. These include custody battles, domestic violence complaints, and various appeals or revisions. He observed that the Supreme Court receives numerous transfer petitions, predominantly matrimonial cases, leading to long waiting times for genuine litigants. This, he suggests, is also a reflection of broader social changes.
-he remarked.
“Our courts I believe are for common man, but now we have dedicated commercial courts with all modern facilities. But they do not constitute even 5% of total cases. It is my view, why are giving them so much priority and dedication,”
This candid assessment by Justice Oka sheds light on the pressing challenges facing the Indian judiciary. It underscores the need for comprehensive research and data-driven analysis to understand the judiciary’s shortcomings and implement effective reforms. His comments serve as a call to action for the judicial system to reevaluate its approach and strive towards fulfilling its fundamental role in serving justice effectively and equitably.
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