Mumbai News: Justice Abhay Oka Urges Constructive Reform Of Collegium System, Calls For Independent Judiciary And Responsible Media

Mumbai: At an event discussing the role of an independent judiciary and a free press, retired Supreme Court Justice Abhay Oka emphasized the need to improve, rather than simply criticize, the current collegium system for appointing judges.

Speaking on the topic “Holding the government to account: The role of an independent judiciary and a free press”, Justice Oka acknowledged imperfections in both the judiciary and executive but stressed the importance of constructive reform.

Justice Oka Stresses Improving Collegium System, Not Just Criticising

“Somebody may say the collegium system is wrong, but then we have to evolve a better system to replace the existing collegium system,” he said. Under the current arrangement, a collegium of senior-most judges recommends names for appointment to the High Courts and the Supreme Court.

Delays in Appointments Occur After Collegium Recommendations, Says Oka

Responding to concerns about delays in judicial appointments, Justice Oka clarified, “The delay comes after the collegium has made the recommendation.” He also pointed out that the government often fails to follow a key Supreme Court judgment that permits it to return a recommended name once for reconsideration—rather than indefinitely delaying action.

Judges Must Focus on Law, Not Personal Opinions

On the issue of free speech, Justice Oka asserted that personal disagreement should not interfere with judicial responsibility. “A judge may not like something written or said by someone, including a politician or stand-up comedian. But as a judge, my duty is to only find out if there has been any violation of a law or fundamental rights. I can only write a strong judgment, and my duty ends there.”

He underlined the powerful role of the media in shaping public opinion. He highlighted that the press has a “very unique position” in relation to the judiciary. “It has the capacity to influence the public. Newspapers are in a position to influence public opinion. It has more responsibility than the judiciary,” he added.

Media Has Greater Responsibility Than Judiciary in Shaping Public Opinion

The former judge said, “The media… has the power to shape, mold, or change public opinion or perception, and hence can take a stand on whether something is right or wrong.”

Executive Often Attempts to Overreach Court Orders on Environment

On environmental protection, Justice Oka observed that courts often face backlash from political leaders when delivering pro-environment rulings. “There is always an attempt by the executive to overreach court orders when matters are pertaining to the environment,” he said, urging both the judiciary and media to reflect on whether they’ve done enough to safeguard environmental rights.

He stressed the importance of the judiciary and media’s independence to ensure that the executive performs its duties. “If the executive has to be kept under check, there must be a fiercely independent judiciary and media,” he said.

Highlighting that there is always tension between development and environmental conservation, he asked, “Have we done enough?” stressing the role of both the judiciary and media. He also questioned whether environmental activists are being given due attention in public discourse.

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“Whether there is an emergency or no emergency, the fundamental rights of citizens are always under threat,” he concluded, reminding all institutions—including the judiciary—that accountability must be mutual.