Independence of judiciary always under challenge regardless of party in power: Justice AS Oka

Former Supreme Court judge Justice Abhay S Oka on Wednesday said that the independence of the Indian judiciary has faced challenges regardless of which political party is in power..Speaking at the Justice HR Khanna Memorial Lecture in Goa, Justice Oka stressed the need for constant vigilance from judges and lawyers to preserve the core constitutional value of judicial independence."Whether it is during an Emergency or under any government, there is always a threat to the independence of the judiciary...That is why judges and members of the Bar must stay alert. This is not a one-time struggle,” he said..Justice Oka raised concern over the growing delays in the appointment of judges, calling it a serious and structural problem. Referring to the current Collegium system, he said that despite greater transparency, government inaction is undermining the process. “Even after a name is cleared by the Supreme Court Collegium and uploaded on the website, appointments are kept pending for months. Some wait for nearly a year. That kind of uncertainty is not just demoralising, it weakens the institution,” he said..He noted that while former Chief Justice of India Sanjiv Khanna had taken steps to make the functioning of the Collegium more transparent, recommendations still pass through multiple layers of executive opinion. “The Chief Minister can object. The Governor can object. Then comes the Intelligence Bureau report and the view of the Union government. Even after the Collegium clears a name, the appointment can remain in limbo,” he said.He added that the impact is felt on the ground.“Bright lawyers are reluctant to accept judgeship. They fear the process will drag. Even Chief Justices are finding it hard to convince candidates. That’s the reality we are facing.".Drawing from history, Justice Oka spoke of past judges who made difficult choices to uphold judicial integrity. He recalled Justice HR Khanna’s dissent in ADM Jabalpur v. Shivkant Shukla, saying that even though Justice Khanna was superseded for the post of Chief Justice of India, his courage is what remains remembered.He also referred to instances where High Court judges stood firm during the Emergency despite the suspension of fundamental rights. “Bombay High Court judges like Justice Tulzapurkar, Justice Vimadalal, and Justice CS Dharmadhikari took strong positions. They held that even under preventive detention, if an order was malafide or outside the law, courts had the power to intervene under Article 226,” he said..He warned that some of the Emergency-era arguments continue to echo today. Referring to his time as Chief Justice of the Karnataka High Court, he recalled a case where Section 144 of the Code of Criminal Procedure (CrPC) was used to stop protests against the Citizenship Amendment Act. “We had to strike that down. The method has changed, but it remains,” he said..Addressing young lawyers and students, Justice Oka said that judges must not be influenced by the consequences of their judgments. “You may not reach the top post. You may not be liked by those in power. But what you gain is the satisfaction of staying true to your oath."Quoting Lokmanya Tilak’s words during his sedition trial, Justice Oka reminded the audience of the enduring fight for free expression. “Tilak told the jury that the government may dislike him, but that alone cannot be grounds for sedition. That is the kind of spirit we must carry forward.”.[Read a live account of the speech]