Supreme Court’s CJI-Centric Culture Requires Immediate Fundamental Change

Supreme Court’s CJI-Centric Culture Requires Immediate Fundamental Change

Syllabus:

GS-2: Judiciary, Judicial Review, Dispute Redressal Mechanisms

Focus:

On May 23, 2025, Justice Abhay Shreeniwas Oka retired after authoring over 370 judgments and joining 1,000 decisions. On his final day, he delivered eleven significant rulings and publicly criticised the Supreme Court’s Chief Justice of India (CJI)-centric structure, calling for robust, diverse regional representation to safeguard the independence of judiciary in India and uphold essential constitutional accountability. This critique aligns with key topics in the independence of judiciary article often discussed in UPSC preparations.

Background and Legacy of Justice Oka:

Early Career

  • 1977–2003: Distinguished lawyer at the Bombay Bar, renowned for constitutional and criminal law expertise.
  • 2003: Appointed Additional Judge, Bombay High Court, marking the start of his judicial tenure.

Elevation to the Supreme Court

  • August 31, 2021: Elevated as a Judge of the Supreme Court of India, three years before retirement.
  • Delivered 370 authored judgments and contributed to over 1,000 decisions, across diverse legal domains.

Judicial Acumen and Empathy

  • Acclaimed for meticulous reasoning, clarity of thought, and compassion towards litigants.
  • Upheld fundamental rights, especially the right to free speech and environmental protection, demonstrating a balance between the letter and spirit of the law.

Judicial Philosophy and Landmark Judgments:

Freedom of Expression

  • Imran Pratapgarhi Case: Quashed an FIR against a social media post, reinforcing citizens’ freedom of speech.
  • Significance: Curb on arbitrary FIR registration and overreach under UAPA provisions.

Environmental Jurisprudence

  • MC Mehta v. UoI (Mar 25, 2025): Directed a first-ever tree census in Delhi, curbing rampant deforestation under the Delhi Preservation of Trees Act.
  • Impact: Established proactive oversight by the Commission for Air Quality Management to enforce GRAP protocols.
  • This judgment exemplified Justice Oka’s commitment to environmental jurisprudence and an eco-centric approach to legal interpretation, furthering the principles of Earth Jurisprudence in Indian law.

Criminal Law and Preventive Detention

  • Pavana Dhibbur v. ED: Struck down indefinite arrest powers under PMLA, insisting on timely prosecution and fair trial rights.
  • Senthil Balaji Bail Order: Emphasised that PMLA cannot be misused to incarcerate individuals without timely completion of investigations.

These landmark judgments reflect the principles outlined in judiciary drishti ias materials, emphasizing the importance of balancing individual rights with societal needs.

Supreme Court Structure and Need for Reform:

CJI-Centric Culture

  • Justice Oka stated the Court “is a Chief Justice of India-centric institution,” concentrating administrative control and case allocation with the CJI (CJI meaning Chief Justice of India, the head of the Indian judiciary).
  • Consequence: Other judges’ regional insights and expertise remain under-utilised, affecting perceived neutrality and potentially compromising the independence of judiciary in India.

The term “chandrachud meaning” refers to the current CJI’s approach to judicial administration, which has been both praised and critiqued for its impact on court functioning.

Call for Diverse Representation

  • Advocated that the bench of 34 judges should reflect India’s regional, cultural, and linguistic diversity.
  • Proposal: Introduce transparent criteria for elevation that value merit, experience, and inclusive representation.
  • Suggested considering the establishment of an All India Judicial Service to ensure a more diverse and qualified pool of judicial candidates.

Advantages of Structural Reform

  • Judicial Independence: Diluting over-centralised power guards against potential biases in case assignments and strengthens the independent judiciary in Indian constitution.
  • Public Confidence: A more representative bench enhances legitimacy and trust in high-stakes decisions, promoting judicial accountability UPSC syllabus topics.

These reforms are crucial for maintaining judicial independence upsc candidates should be familiar with, as they directly impact the functioning of India’s highest court.

Farewell and Colleague Tributes:

Final Day at the Bench

  • Despite personal tragedy—the passing of his mother on May 22—he flew back to deliver 11 judgments on May 23.
  • Demonstrated unwavering commitment, professionalism, and respect for judicial duty.

Tributes from the Bar and Bench

  • CJI Bhushan Ramkrishna Gavai: Described Justice Oka as a “workaholic,” praising his “energy” and “exemplary human qualities.”
  • Attorney General R. Venkatramani: Acknowledged his judgments as “food for thought,” especially on environment and criminal law.
  • Solicitor General Tushar Mehta and senior advocates highlighted his clarity, compassion, and courage in upholding civil liberties.

Post-Retirement Intentions

  • Both Justice Oka and CJI Gavai announced they will decline post-retirement assignments, preserving judicial independence and avoiding potential conflicts of interest.

Lasting Impact on Constitutional Values:

Strengthening Fundamental Rights

  • His rulings have set precedents protecting free speech, personal liberty, and access to justice for undertrials.
  • Directed states to process remission pleas automatically, expediting justice for life-convicts.

Accountability and Good Governance

  • Held executive agencies like the Enforcement Directorate accountable for misuse of power, mandating disclosure of documents to the accused.
  • Emphasised environmental governance, thrusting active institutional oversight in NCR’s air-quality control, further developing environmental jurisprudence in India.

Blueprint for Future Reform

  • Justice Oka’s critique of Court structure should catalyse institutional introspection, prompting reforms in selection, case allocation, and administrative procedures.
  • A de-centralised, transparent Supreme Court can better fulfil its role as guardian of the Constitution and protector of individual freedoms.
  • Proposed reforms aim to address concerns of judicial overreach while maintaining the necessary checks and balances in the democratic system.

Conclusion:

Justice Oka’s tenure exemplifies dedication to constitutional principles, environmental protection, and individual liberties. His call for de-emphasising the CJI’s dominance highlights urgent structural reforms needed in the Supreme Court. Embracing regional representation in judiciary will strengthen institutional balance, ensure fairer adjudication, and reinforce public trust in India’s highest court system.

The proposed reforms align with the principles of independence of judiciary UPSC syllabus topics and address critical issues such as case pendency and judicial vacancies. By promoting transparency, merit-based appointments, and diversity in judiciary, these changes can enhance the court’s ability to uphold constitutional democracy and provide effective legal aid.

Implementing Justice Oka’s vision for judicial reform would not only improve judicial accountability but also reinforce the separation of powers, a cornerstone of India’s democratic framework. As the country moves forward, embracing these reforms will be crucial in maintaining the integrity and effectiveness of the judiciary in addressing complex legal challenges and safeguarding citizens’ rights.

The proposed changes also emphasize the need for strengthening constitutional safeguards for judiciary to ensure its independence from executive interference. This includes revisiting the judicial appointments process to make it more transparent and merit-based, while also considering the establishment of judicial complaints commissions to address corruption allegations and maintain public trust.

Furthermore, the reforms should consider leveraging digital infrastructure through initiatives like the e-Courts Project to improve access to justice and reduce case backlogs. Incorporating alternative dispute resolution mechanisms and fast track courts can also contribute to a more efficient judicial system.

As India continues to evolve, the judiciary must adapt to meet the changing needs of society. This includes addressing issues such as gender sensitization in the legal system and promoting public engagement to ensure that the judiciary remains responsive to the needs of all citizens. By implementing these comprehensive reforms, India can strengthen its judicial independence and ensure that its legal system remains a cornerstone of its democratic values.

The independence of judiciary essay often highlights the importance of these reforms in maintaining the balance of power and upholding constitutional principles. Additionally, the implementation of the Bangalore Principles of Judicial Conduct could further enhance the ethical standards and accountability of the judiciary, reinforcing public trust in the legal system.

Source: HT

Mains Practice Question:

Critically analyse Justice Oka’s proposition to move away from a CJI-centric Supreme Court structure. Discuss how enhancing regional representation among judges can promote judicial independence, improve accountability, and strengthen constitutional safeguards. Provide examples from Justice Oka’s landmark judgments on environmental protection, free speech, and anti-corruption to support your argument effectively.