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Supreme Court judge AS Oka emphasised the need for reform in certain areas.
He noted the Supreme Court’s Chief Justice-centric structure requires change.
Justice Oka hinted things may change under new Chief Justice BR Gavai.
New Delhi:
Making an important observation and calling for reform, Supreme Court judge AS Oka, whose last working day was on Friday, said the court is Chief Justice-centric and needs to change. Justice Oka also hinted that this change may come under the new Chief Justice, BR Gavai, who took charge earlier this month and will remain in the post until his retirement in November.
Speaking at his farewell organised by the Supreme Court Bar Association, Justice Oka said High Courts function more democratically than the Supreme Court.
“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 said, adding, “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.”
Pointing out other areas in which the top tier of the judiciary could improve, Justice Oka said the Supreme Court and the High Courts have ignored the trial courts.
“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,” he explained.
‘Life Becomes Judgeship’
Recalling his judicial journey, Justice Oka said many people had asked him how he was feeling about demitting office. “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 emphasised that he had no regrets that he became a judge and gave up what would have probably been a more financially rewarding career
“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,” 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,” he added.
