Shilpi Nama
On 23rd May, 2025, Justice A.S. Oka, on his final working day, emphasized the Supreme Court’s role as the protector of constitutional freedoms. He also stated that the court must evolve from being centered around the Chief Justice.
The retiring judge emphasized the need to move away from a Chief Justice-centric system, noting that the Supreme Court consists of 34 judges from across India. He called for a more inclusive and collaborative approach, suggesting that the court’s image should reflect its collective character, not just the role of the Chief Justice.
He reminisced about how former Chief Justice of India Sanjiv Khanna had introduced transparency within the highest court following discussions with his peers. Furthermore, he noted that Chief Justice B.R. Gavai makes decisions collectively during Full Court meetings instead of individually in his chambers, thereby prioritizing transparency, collegiality, and institutional decision-making over personal judgment.
The Judge remarked that there should be minimal or no “manual intervention” in the scheduling of cases in the Supreme Court.
He also raised concerns regarding the inconsistency and lack of transparency in the process of listing court cases for hearings. He indicated that during the pandemic, an automated system had enhanced fairness in case listings. The speaker advocates for reducing manual intervention to avoid perceptions of bias or favoritism, as evidenced by some cases being listed within 24 hours while others may wait for 20 days or longer.
He underscored the necessity of empowering the district judiciary, which is the first point of contact for the common citizen seeking justice.
Chief Justice Gavai remarked in Justice Oka’s court, “The smallest voices were not only heard, but honoured.” The Chief Justice noted that Justice Oka’s contributions on the apex court Bench included ensuring that development did not compromise ecological balance and holding the government accountable to the populace they serve.
Justice Oka delivered several important judgments on the Prevention of Money Laundering Act (PMLA), emphasizing the protection of the accused’s fundamental rights and the need for fair investigation and trial procedures. His rulings reinforced constitutional safeguards, particularly in cases involving personal liberty. He stressed that a judge’s duty is not to seek popularity but to uphold the Constitution and rule of law, even when it is unpopular to do so. Expressing faith in the judiciary, Justice Oka urged the Supreme Court to continue safeguarding constitutional liberties through collective effort, staying true to the vision of the Constitution’s framers.
On his last day as a Judge, Justice Oka issued 11 judgments after hastily returning from his mother’s funeral in Maharashtra.
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