Fiercely independent bar key to maintain independence of judiciary, says Justice Oka

The lecture was part of GNLU’s “We, The People” lecture series. Director of GNLU, Dr S Shanthakumar, senior officials of the law university among others were present at the event.

Justice Oka also said, “I firmly believe that the judges themselves have the responsibility to ensure that the judiciary remains fiercely independent. Because we ultimately take oath under the Constitution … We take oath to deliver justice without fear or favour … It is essentially the responsibility of the judiciary to maintain fierce judicial independence.”

During his speech, Justice Oka also appealed to the students to contribute to the traditional legal system. He said, “Independence of judiciary is basic structure of Constitution and this basic structure has to be fiercely protected. And as I said, the judges must do it, but more responsibility is on the members of the bar. Because ultimately members of the bar have that freedom to say something which judges can’t say, to do something which judges can’t do. And that’s why you, the young students … must remember that this is going to be the huge responsibility on your shoulders.”

He added that the responsibility is not just confined to the members of the bar. “If our society, if our citizens want fiercely independent judiciary, then it is a duty of every common man, every educated person, every right thinking person to stand by judiciary when there are trends of encroaching upon the judicial independence,” he said.

“How independence of judiciary can be affected … there are historical examples. Because there are constraints on me (being a sitting judge of the Supreme Court) while addressing you on the subject. And may be after four or five months, I may be in a better position to address you on this subject,” Justice Oka said.

He also cited some past instances of supersession of judges in appointment to the post of Chief Justice and added that it had affected the independence of judiciary very badly.