Justice Abhay Oka, on his retirement, said the Supreme Court is overly centered around the Chief Justice. He urged for democratic reforms and more focus on trial courts.
New Delhi – On his last working day at the Supreme Court, Justice AS Oka made some important remarks during his farewell speech, organised by the Supreme Court Bar Association.
Justice Oka said that the Supreme Court system is too much focused on the Chief Justice, and this needs to change.
He expressed hope that this transformation might happen under the new Chief Justice of India, BR Gavai, who took charge recently and will be in office until November this year.
Justice Oka pointed out that the High Courts work in a more democratic way compared to the Supreme Court.
He said,
“The high courts function through committees, while the Supreme Court is Chief Justice of India-centric. It needs to change. You will see this change with the new CJI.”
He also praised former Chief Justice Sanjiv Khanna for encouraging transparency in the decision-making process.
Justice Oka appreciated how Justice Khanna involved all the Supreme Court judges before taking important decisions.
He said,
“I am very happy that Chief Justice Sanjiv Khanna (who retired on May 13) took us forward on the path of transparency. He took decisions after taking every judge of the Supreme Court into confidence. Justice Gavai has democratic values in his blood.”
Justice Oka did not stop there. He also spoke about the problems faced by trial courts in India.
He said that higher courts have been ignoring trial and district courts, even though these courts are very important for the common people. He stressed the need to think about them more seriously.
He said,
“We should also think about trial courts and the common man. There are too many cases pending in our trial and district courts… Never call a trial court a subordinate court. This is against constitutional values… It is a difficult task to punish someone after 20 years.”
Speaking about his journey in the judiciary, Justice Oka said that judgeship becomes a way of life after so many years of service.
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He shared how people have been asking him how it feels to retire from such an important role.
He replied,
“Judges have the freedom to do justice and you don’t have that freedom when you are no longer a judge. After 21 years and nine months, and having been a judge of three constitutional courts, judgeship becomes life, and life becomes judgeship.”
He also mentioned that he has no regrets about choosing to become a judge instead of continuing as a lawyer, even though the financial returns are usually higher in private practice.
He explained that the satisfaction of serving justice is more important than income.
He said,
“When a successful lawyer becomes a judge, they say one sacrifices. I don’t accept this. When you join the judiciary, you may not get that income, but the work satisfaction you get cannot be compared to the income of a lawyer.”
Justice Oka further added that once a person becomes a judge, only the Constitution and one’s own conscience should guide their actions. In his long career as a judge, he has always followed this path.
He said,
“Once you become a judge, only the Constitution and conscience govern you… In my long innings as a judge, I have never given a dissenting judgment.”
Justice Oka’s farewell speech was not only emotional but also thought-provoking. He used the occasion to highlight some serious issues in the Indian judiciary.
His words reflect a deep sense of responsibility and commitment to justice, transparency, and equality in the court system.
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As the judiciary welcomes a new Chief Justice, his suggestions and reflections may help bring about positive reforms for a more balanced and effective legal system in India.
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