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Not entirely correct to say that common man has full faith in judiciary : SC Justice Abhay Oka

Supreme Court Justice Abhay Oka shows mirror to the judiciary

New Delhi – “In recent years, we kept patting our backs that citizens trust the Courts. However, this is far from the truth. When 4 crore and 54 lakhs cases are pending across various Courts in the country, with 25–30% of them dragging on for over a decade, how can it be said that the common man trusts the judiciary,” questioned Justice Abhay Oka of the Supreme Court. He was delivering a lecture on ‘Access to Justice’ at an event organised by the Supreme Court Advocates-on-Record Association (SCAORA) marking 75 Years of the Constitution of India.

Key points highlighted by Justice Abhay Oka

1. There are 4 crore and 54 lakh spending cases across various Courts in the country. This backlog has widened the gap between the judiciary and ordinary citizens. Over the past 75 years, the volume of pending cases has only increased. (Many have spoken on this issue over the years; however, no concrete efforts have been made to reduce the numbers, and the backlog continues to grow. This is the harsh reality – Editor)

2. Justice Oka pointed out that the categorization of Courts into District Courts, Lower Courts, and Higher Courts has, in effect, marginalised those seeking justice. This structural flaw has left many individuals deprived of fair and timely justice. (This is a powerful example of how judges can offer sharp and insightful critiques of the justice system. The Union and State Governments must take this issue seriously and implement judicial reforms on a war footing – Editor)

3. The boycott of Court proceedings by lawyers is a major factor contributing to the increasing pendency of cases faced by the Indian judiciary each day.

4. Prolonged delays in resolving bail applications and undertrial cases are another concern. Many undertrial prisoners (those whose trials have not yet begun) remain incarcerated for years. This not only inflicts suffering on them but also on their families. In many instances, after enduring long-term imprisonment, undertrials are eventually acquitted due to lack of evidence (Who is accountable for this injustice must be thoroughly examined. – Editor)

Editorial Perspective

The public expects judges to take proactive steps to restore people’s trust in the judicial system.

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