Mumbai Update: Judge Abhay Oka Advocates for Structural Change in Collegium System, Demands Independent Judiciary and Accountable Media
Retired Supreme Court Justice Abhay Oka has called for significant changes to the collegium system for appointing judges in India. In a speech titled "Holding the government to account: The role of an independent judiciary and a free press", Justice Oka emphasised the need to evolve a better system, rather than just criticise the existing one.
Justice Oka highlighted that delays in judicial appointments occur after the collegium makes its recommendations. He pointed out that the government often fails to implement Supreme Court judgments that allow it to return a recommended name only once for reconsideration, instead causing indefinite delays. To address this issue, Justice Oka called for strict adherence to these judgments to reduce such delays.
In addition to his proposals, other advocates for reform suggest introducing a five-year mandatory transfer policy for High Court judges, establishing clear, merit-based selection guidelines, enforcing recusal norms for collegium members with relatives practising in the same high court, raising the minimum age for elevation to High Court judgeship to 50 years, and taking moral and institutional responsibility for implementing reforms to uphold transparency and independence.
Justice Oka also raised concerns about the role of environmental activists in public discourse and questioned whether they are given due attention. He observed that courts often face backlash from political leaders when delivering pro-environment rulings.
In the realm of environmental conservation, Justice Oka asked, "Have we done enough?" He highlighted the constant tension between development and environmental conservation, and the attempt by the executive to overreach court orders when matters pertain to the environment.
Justice Oka underscored the powerful role of the media in shaping public opinion. He stressed the importance of the judiciary and media's independence to ensure that the executive performs its duties. He noted that the media has a "very unique position" in relation to the judiciary and has greater responsibility than the judiciary.
Whether there is an emergency or no emergency, Justice Oka asserted that the fundamental rights of citizens are always under threat. He emphasised that personal disagreement should not interfere with judicial responsibility, and a judge's duty is to only find out if there has been any violation of a law or fundamental rights.
Justice Oka's reform suggestions focus primarily on improving transparency, procedural clarity, adherence to court judgments preventing executive delay, and evolving the collegium itself towards a more accountable and efficient system. He belongs to a group of retired Supreme Court judges who declined post-retirement government appointments to uphold judicial independence, a practice he and others endorse as part of constructive reform.
[1] Source for Justice Oka's proposals: [Link to the source] [2] Source for broader calls for reform: [Link to the source] [3] Source for Justice Oka's stance on post-retirement appointments: [Link to the source] [4] Source for Justice Oka's emphasis on legal responsibility: [Link to the source] [5] Source for Justice Oka's concerns about environmental activists: [Link to the source]
- Acknowledging significant delays in judicial appointments, retired Supreme Court Justice Abhay Oka has proposed introducing strict adherence to Supreme Court judgments to reduce these delays, as cited in [Link to the source].
- In Mumbai news, Justice Oka has expressed concerns about the role of environmental activists in public discourse and the backlash they face from political leaders when courts deliver pro-environment rulings, as reported in [Link to the source].
- President of India should consider implementing the suggested reforms proposed by Justice Oka, which include establishing clear, merit-based selection guidelines, a five-year mandatory transfer policy for High Court judges, recusal norms for collegium members, raising the minimum age for High Court judgeship to 50 years, and upholding transparency and independence through strict adherence to court judgments, as part of policy-and-legislation changes in India's politics [Link to the source].
