Supreme Court judge Justice Abhay S Oka has urged the judiciary to recognize its shortcomings and take proactive steps to address them, emphasizing the need for timely justice delivery.
Speaking at an event organized by the Supreme Court Advocates-on-Record Association (SCAORA) at Bharat Mandapam to mark 75 years of the Constitution, Justice Oka asserted that the judiciary could not simply claim public trust without acknowledging the deep-rooted issues affecting the legal system.
Highlighting the staggering backlog of 4.54 crore pending cases, with 25-30% over a decade old, he called for urgent reforms. Delivering a lecture on “Access to Justice and 75 Years of the Constitution – Bridging the Gap between Judiciary and Citizens,” he detailed the long delays in trial courts, the plight of undertrial prisoners, and the poor state of judicial infrastructure across India.
Justice Oka pointed out that one of the judiciary’s fundamental mistakes over the past 75 years was treating trial and district courts as “subordinate” or “lower courts,” leading to their neglect.
On public criticism of the judiciary, he said that unless it amounted to contempt, courts should take feedback constructively and introspect on whether they were going wrong.
Addressing the high volume of matrimonial cases, he noted that unresolved disputes often escalated into multiple litigations at different levels, burdening the Supreme Court with appeals and transfer petitions.
He also warned that if judicial reforms were not implemented soon, the system itself could collapse under its own weight. He cited the stagnant judge-to-population ratio as a key contributor to the backlog, adding that without an increase in judicial appointments and infrastructure, pendency concerns would persist even at the Constitution’s centenary.
Discussing undertrial prisoners, he criticized delays in bail hearings and the prolonged incarceration of individuals who were later acquitted due to lack of evidence. He humorously remarked that someday, a litigant might ask why they spent 10-12 years in jail without evidence, possibly demanding compensation for themselves and their families.
Justice Oka also raised concerns about the plight of victims, complainants, and witnesses, noting that they often faced neglect in the justice system. Witnesses in criminal cases were frequently summoned multiple times without proper support, while inadequate legal aid resulted in wrongful convictions.
Calling the lawyers’ practice of abstaining from court work “plainly criminal,” he said such actions not only hurt litigants but also delayed bail hearings and trials for years. He further criticized the culture of excessive adjournments, lengthy pleadings, and delays caused by overburdened Public Prosecutors handling multiple courts simultaneously.
Justice Oka concluded by urging both the judiciary and the Bar to work together to ensure that valuable court time was not wasted.
The event was attended by SCAORA President Vipin Nair, Honorary Secretary Nikhil Jain, and other office bearers.
