Judicial System yet to meet citizen's expectations, says former SC judge Justice AS Oka

On Monday, former Supreme Court Justice A. S. Oka delivered a candid critique of the justice delivery system, stating that the judiciary has not lived up to the expectations placed upon it by citizens under the Constitution. Speaking at a public lecture, he highlighted systemic shortcomings that directly affect how ordinary litigants experience courts, bringing renewed focus on accountability, access, and institutional reform.

The remarks came during a memorial lecture organised by the People’s Union for Civil Liberties, where Justice Oka reflected on the gap between constitutional promises and ground realities. He pointed out that while the judiciary often celebrates its achievements, it tends to overlook the struggles faced by common litigants navigating delays, infrastructure deficits, and mounting case loads.

Drawing attention to structural issues, he flagged the low judge-to-population ratio, inadequate court infrastructure, and the growing burden of avoidable litigation, including a significant volume of cheque dishonour cases under Section 138 of the Negotiable Instruments Act. He also expanded the scope of personal liberty under Article 21 of the Constitution of India, noting that issues like environmental degradation and housing conditions directly impact the right to life.

Emphasising the need for introspection, Justice Oka observed that public faith in the judiciary cannot be self-certified by those within the system. He remarked, “The common man… had great expectations from this legal system, but somehow all those expectations could not be fulfilled by our judiciary.” He further stressed that justice must not only be delivered but delivered efficiently, warning that delays, poor infrastructure, and systemic bottlenecks continue to erode confidence. While acknowledging that certain judgments continue to inspire hope, he emphasised the urgent need to identify and address the root causes of institutional shortcomings.

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