Former Supreme Court judge Abhay S. Oka addressed a Constitution Day lecture organised by Kerala High Court Advocates’ Association (KHCAA), underscoring the essential role of the judiciary in preserving the balance between individual rights and executive authority. He cautioned that there is a persistent tendency for the executive to violate fundamental rights, and emphasized that it is the duty of courts to check such arbitrary actions and ensure that the executive remains within constitutional bounds.
Justice Oka pointed out that citizens increasingly turn to courts for rights and entitlements that ideally should be routinely honoured by the executive—such as fair access to pensions, basic amenities like potable water for slum dwellers, and protection of procedural and civil rights. He stated that when the executive or the police fails to uphold rights enshrined, for instance, under Article 19(1)(a) of the Constitution of India, the responsibility lies with the judiciary to intervene and safeguard those rights, as there is no other institution constitutionally mandated to do so.
He urged that courts—be they trial courts, High Courts or the Supreme Court—must step in to clearly demarcate what is illegal, what is legal, and what is unconstitutional. According to him, judicial oversight is not about curtailing executive powers, but rather about ensuring that administrative decisions and actions comply strictly with law and constitutional safeguards. He warned against subtle but systemic forms of executive overreach, including illegal restrictions on speech, denial of procedural protections, or policy decisions affecting environmental and human dignity, which may stifle legitimate expression or fundamental rights.
Justice Oka recalled historical examples such as the sedition trial of Bal Gangadhar Tilak to illustrate that mere discomfort with criticism or dissent does not justify criminalising expression. He argued that courts must resist populist pressures and deliver judgments that uphold constitutional morality—even if such decisions are unpopular.
He also stressed that the responsibility of defending fundamental rights does not begin only at the apex courts; it must start at the local or trial court level itself. He appealed for greater public awareness about the Constitution, noting that much of the population remains unaware of the constitutional guarantees and mechanisms intended to protect their rights.
The lecture was presided over by Nitin Jamdar, Chief Justice of Kerala High Court, who concurred with Justice Oka’s remarks. The Chief Justice reaffirmed that an independent judiciary is essential to hold the executive accountable, and that every judge must consciously preserve their independence and remain free from bias or external influence in order to uphold constitutional values.
0 Comments
Thank you for your response. It will help us to improve in the future.