Judgeship delays
in clearing names recommended by the Supreme Court Collegium remain a serious concern, former Supreme Court judge Justice Abhay Oka said. He stated that such judgeship delays affect candidates, weaken the system, and prevent the judiciary from meeting public expectations.
Delay in Judicial Appointments Affects Candidates
Justice Abhay Oka said judgeship delays by the Union Government create serious professional and personal consequences. According to him, approvals often take months, and in some cases more than a year.
As a result, candidates—especially young lawyers—lose work. Clients stop briefing them because they expect imminent elevation.
For instance, Justice Oka cited a Karnataka example where a lawyer lost work for months. In another case, a candidate withdrew consent after prolonged delay despite strong support from the Bar.
Speech at PUCL Event
Justice Oka made these remarks at an event organised by the People’s Union for Civil Liberties (PUCL) during the 45th JP Narayan Memorial Lecture in Mumbai.
During his address on “Reclaiming Justice,” he said systemic issues—including judgeship delays—have contributed to gaps in justice delivery.
Bail Denials Push Litigants to Higher Courts
Justice Oka also raised concerns about bail practices. He said trial courts often deny bail even in deserving cases.
Consequently, accused persons approach higher courts, including the Supreme Court.
He referred to the KA Najeeb case, which clearly holds that long incarceration cannot become punishment. However, some courts fail to follow this principle.
Trial Courts Need Greater Focus
Justice Oka criticised the focus on issues like judicial vacations. Instead, he stressed the importance of strengthening trial courts.
These courts handle most cases affecting citizens, including bail, matrimonial disputes, and cheque dishonour matters.
However, despite their importance, they remain undervalued.
Backlog and Judge Shortage
Justice Oka described rising pendency as a “docket explosion.” Magistrates handle 100–150 cases daily.
At the same time, India’s poor judge-to-population ratio worsens delays. This shortage directly impacts efficiency and justice delivery.
Infrastructure Gaps
Justice Oka said increasing judicial posts alone is insufficient. Courts also need proper infrastructure.
He cited Uttar Pradesh, where posts remain vacant due to lack of courtrooms.
Concerns Over Case Prioritisation
Justice Oka questioned blanket priority policies. He disagreed with automatically prioritising cases involving senior citizens.
Instead, he emphasised balancing long-pending cases and urgent matters like undertrial and matrimonial disputes.
Debate on Commercial Case Priority
Justice Oka said Indian litigation largely involves ordinary citizens.
Therefore, prioritising commercial and arbitration matters over common disputes requires reconsideration.
Limited Role of AI
Justice Oka stated that AI has limited utility. It can assist in drafting checks and translations.
However, it cannot replace judicial reasoning, cross-examination, or decision-making.
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