Justice AS Oka criticized the Supreme Court’s tradition of retiring judges not working on their final day. He emphasized the need to reform outdated practices and continue serving till the very last minute.
Supreme Court judge Justice Abhay S. Oka, who will retire on May 24, 2025, has openly expressed his disagreement with a long-followed tradition in the Supreme Court of India.
According to this tradition, retiring judges usually do not sit in court or work on their last day. However, Justice Oka feels this practice should be changed and believes that a judge should continue working till the very end of their term.
Speaking at a farewell function organised by the Supreme Court Advocates-on-Record Association (SCAORA),
Justice Oka said,
“I told Chief Justice of India yesterday that I don’t approve one tradition which is followed in Supreme Court, that retiring judge should not work on the last day. It will take some time for us to get rid of the tradition, but at least I have one satisfaction, that [on] last day I’ll be sitting in regular bench and pronouncing some judgments.”
He further suggested that the current practice of giving a guard of honour to a retiring judge at 1:30 PM should be changed as well.
According to Justice Oka, this tradition results in the judge leaving work early, which he finds unnecessary.
He stated,
“Because why should retiring judge be told to go home immediately after lunch. So that practice also will have to be changed so that a judge has satisfaction of working till four o’clock on the last working day.”
Justice Oka also shared his personal feelings about retirement, revealing that he dislikes the idea and the word “retirement” itself.
He said that ever since January, he had made it a point to hear as many cases as possible, to make the most of his remaining time on the bench.
He shared,
“I never wanted to think about retirement. So only option, which I found was from January, I decided to take up as many matters as possible. And the result is that myself, my two esteemed colleagues, Justice [AG] Masih and Justice Ujjal Bhuyan, all three of use are struggling to complete our judgments.”
On a lighter note, he added that even his wife had noticed how seriously he was taking this goal.
He said,
“It has become such a touchy issue that every morning, my wife accompanies for morning walk, the first question she asks me ‘how many are remaining?’ Because she knows I am so touchy and so under pressure to complete my judgments.”
Justice Oka also took this opportunity to appreciate the efforts and importance of Advocates-on-Record (AoRs), calling them the backbone of the Supreme Court.
He pointed out that more training and learning opportunities should be provided to young AoRs so they can grow and contribute more effectively to the legal system.
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He remarked,
“When time comes to demit office, I have something entirely different to say. I will never forget the cooperation rendered by the AoRs. Earlier CJ gave a new direction to the Supreme Court and this CJI will only take it ahead on the journey of transparency…I seek adjournment today and I will say whatever I have to say tomorrow…”
Chief Justice of India, DY Chandrachud, who was also present at the farewell, spoke warmly about his long-standing friendship with Justice Oka, which goes back more than four decades.
CJI said,
“He is a workaholic. I know that he has restricted himself to consultation post retirement… I know he will always be occupied and never be free even post retirement.”
Introducing Justice Oka at the event, SCAORA Secretary Nikhil Jain praised the judge’s contribution to Indian society through his legal decisions.
He said,
“His judgments resonated across the fabric of our civil society. His deep legal acumen and humaneness set him apart always. His judgments were always grounded and far reaching.”
SCAORA President Vipin Nair also paid tribute to Justice Oka’s journey from a passionate advocate to a highly respected judge.
Nair highlighted his dedication and strength, even comparing him to a mighty oak tree.
He shared,
“He has stood like an unshakable rock. We must not forget Oak tree is the strongest in the wild. I was told that a court stenographer lost many of the drafts and Justice Oka recreated all of them.”
Justice AS Oka’s farewell speech was not only emotional but also thought-provoking. It reflected his passion for the legal profession, his dedication to duty till the very last day, and his commitment to the justice system.
As he retires, his legacy of hard work, integrity, and reformist ideas will remain an inspiration for the judiciary and the legal community of India.
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