Justice Abhay Shreeniwas Oka at Bombay Bar Association farewell urges judges to remain fearless, avoid future prospects.
Why in News
Judge must never think of future prospects remarked Justice Abhay Shreeniwas Oka at his Farewell by Bombay Bar Association .
Fact
On June 29, Justice Abhay Shreeniwas Oka, recently retired from the Supreme Court addressed the Bombay Bar Association at his farewell function, strongly advising judges to refrain from considering future prospects after taking oath .
Overview
During his Farewell by the Bombay Bar Association, Justice Abhay Shreeniwas Oka emphasized that judicial independence demands a fearless mind, detached from career ambitions or political influence . Referring to past instances of judicial courage, he warned that judgments must be law-driven, not popularity-driven .
Key Aspects
The key aspects of the case are as under –
- Judges should avoid thoughts of future positions after taking judicial oath .
- Judgments must not be influenced by government or opposition opinions .
- Referenced sacrifices of Justices Mookerjee, Shelat, Hegde, Grover and HR Khanna .
- Highlighted judicial independence and adherence to constitutional values .
- Stressed on the need to address judge shortages in district judiciary .
- Pointed to issues with delayed collegium approvals discouraging top legal talent .
Legal Insights
The legal insights relating to the case are as under–
- Schedule III of the Constitution of India prescribes the judicial oath requiring judges to perform duties without fear or favour, affection or ill-will and to uphold the Constitution and the law .
- In All India Judges’ Association v. Union of India, (2002) 4 SCC 247, the Supreme Court recommended a judge-to-population ratio of 50 judges per 10 lakh people, to strengthen the district judiciary and ensure timely justice .
- The ADM Jabalpur v. Shivkant Shukla case (1976) 2 SCC 521 exposed the judiciary’s response during the Emergency, where Justice HR Khanna’s dissent upholding personal liberty became a cornerstone of judicial integrity .
- In the Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225 ruling, the doctrine of basic structure was established . After this judgment, the supersession of Justices Shelat, Hegde and Grover for the CJI post exemplified executive interference and its consequences on judicial independence .
Conclusion
Justice Abhay Shreeniwas Oka’s farewell message was a powerful reminder that a judge must uphold the Constitution fearlessly and selflessly, with no eye on rewards, echoing the highest traditions of Indian judiciary .
Source- Supreme Court of India
Read also – Kesavananda Bharati vs. State of Kerala (1973)
