Recently retired Supreme Court Justice Abhay Shreeniwas Oka stated that even after 75 years of the Constitution, citizens are failing in their duty to protect the environment. In an Idea Exchange session, he shared views on judicial appointments, gender diversity, and fundamental rights. He criticized societal attitudes toward environmental activists and advocated for reforms in the judiciary.
Former Supreme Court Judge Justice Abhay S Oka, widely regarded as the conscience keeper of the judiciary, participated in an Idea Exchange session hosted by The Indian Express. He emphasized that protecting the environment is every citizen's duty, stating, 'It’s been 75 years of the Constitution and we are still not doing our duty of protecting the environment.' He recounted a 2017 incident when, as a Bombay High Court judge, he faced bias allegations from the Maharashtra government in a noise pollution case, but the Bar strongly supported him.
Commenting on overturning judgments, Oka referenced landmark cases like A K Gopalan (1950), Maneka Gandhi (1978), Golaknath (1967), and Kesavananda Bharati (1973). He described the Supreme Court as overly Chief Justice-centric and recommended adopting High Court models with administrative committees for decisions.
On fundamental rights, he noted in cases like Imran Pratapgarhi and Javed Ahmed Hazam that legitimate dissent must not be suppressed. Regarding post-retirement appointments, he avoids adjudicatory roles like arbitration, opting for consultation and teaching, and suggested a three-year cooling period.
On gender parity, he highlighted that over 50 percent of newly appointed civil judges in most states are women. In legal education, he stressed the need for financial support for junior lawyers. Oka advocated maintaining diversity in the judiciary without compromising merit.
