In his farewell speech at the Supreme Court Bar Association, Justice Abhay Oka shared insights from his long judicial journey and proposed significant reforms for the Supreme Court. Reflecting on his experience, he said that the Supreme Court needs to move away from being too focused on the Chief Justice and should adopt a more democratic functioning, similar to the High Courts.
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Quoting Justice Oka:
"One difference I felt between the High Courts and Supreme Court is – High Courts work more democratically through committees, while the Supreme Court is centered around the Chief Justice. This needs to change. The Supreme Court is a court of 34 judges from across India, and it must not be seen as Chief Justice-centric."
He raised concerns about the current system of selective listing of cases in the Supreme Court. Justice Oka shared his experience from the Karnataka High Court, where he worked with Justices BV Nagarathna and Aravind Kumar to implement an auto-listing system during the pandemic, ensuring that all cases were listed automatically and fairly.
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He emphasized that:
"People complain when some cases get listed quickly while others wait for weeks. In the High Court, a fixed roster system reduces discretion, and we need a similar approach in the Supreme Court to make listings fair and transparent."
Justice Oka stressed the importance of reducing manual interventions in the listing process. He suggested using technology and AI tools to streamline case listings and make them more rational, especially for the common man whose appeals come before the court.
"We should remember that the Supreme Court is not just a Constitutional Court but also an appellate court. Appeals from common people need timely attention, and reducing manual intervention can improve the system."
Expressing his feelings about retirement, Justice Oka said that while many see retirement as gaining freedom, for him, true freedom was in doing justice as a judge. He reflected on his 21 years and 9 months of judicial service, saying:
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"Judgeship becomes life and life is judgeship. Now, I will need to find out if there’s life beyond it."
He thanked his family, especially his wife Anuja, for their support, calling her the one who made the “maximum sacrifice.” He humorously mentioned that his sons’ decision to stay out of the legal profession gave him peace of mind.
Justice Oka began his career at the District Court in Athani in 1983 and fondly remembered working under the guidance of several Chief Justices in the Bombay High Court. He spoke about his time as Chief Justice of the Karnataka High Court, where he made efforts to sit with every judge, even during the pandemic.
"In Karnataka, I had to learn something basic – senior judges sit on the right, junior judges on the left, the opposite of other High Courts and the Supreme Court. On my first day, Justice PS Yash Kumar had to correct me when I almost sat in the wrong seat."
He also noted the need to focus on trial and district courts, calling them the “backbone” of the judicial system. He welcomed the formation of a committee by the Chief Justice to tackle long-pending cases, especially those that have been delayed for 30 to 40 years.
"We should stop calling them 'subordinate courts' because this term goes against constitutional principles. These courts deserve respect as they are closest to the common man."
Justice Oka highlighted the huge backlog of criminal appeals in High Courts, mentioning cases pending for 20 to 25 years, and stressed that appeals of those on bail should not be neglected. He mentioned that civil suits, including partition suits, often drag on for decades, undermining justice.
In his concluding remarks, Justice Oka appreciated the efforts of retired Chief Justice of India Sanjiv Khanna for making the court's functioning more transparent and for involving all judges in decision-making. He also praised Chief Justice Bhushan Gavai’s democratic approach.
"Justice Bhushan Gavai has democratic values in his blood. His father was a respected political leader, and I’ve seen this democratic spirit reflected in his approach to leadership."
