Centre's panel suggests six further cuts in 'Udaipur Files', SC informed
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United News of India
an hour ago
- United News of India
'What is legal and constitutional is moral': Justice Abhay Oka's powerful call for judicial integrity and constitutional morality
New Delhi, Aug 6 (UNI) 'Traditional morality is shaped by popular opinion. But judges are bound only by the Constitution.' In a thought-provoking keynote address that struck at the heart of judicial ethics, Justice Abhay S. Oka, former judge of the Supreme Court of India, delivered a scathing and insightful critique of the misuse of personal moral convictions in legal decision-making. Delivering a lecture on "Morality in Judiciary: A Paradigm or a Paradox", hosted by The Global Jurists, Justice Oka made it emphatically clear that for judges, morality must align solely with constitutional and legal principles. 'My personal view is simple,' he declared. 'Something which is legal and constitutional is moral. Something which is not legal and not constitutional is immoral nothing else matters for a judge.' Justice Oka argued that judges must resist the temptation to allow personal beliefs, societal expectations, or political noise to influence their decisions. 'A judge may follow a religion, hold personal moral values, or believe in a philosophy. But once he assumes office, these views must be locked away in a watertight compartment,' he said. He strongly cautioned that moral convictions have no place in jurisprudence. Referring to cases where individuals spend over a decade in prison without legal evidence, he called such decisions 'moral convictions masquerading as justice.' Justice Oka urged for a shift in how we view the judiciary at the grassroots level. 'It is wrong to call them subordinate or lower courts. They are the main courts of this country because it is here that the common man goes for justice,' he stated. Recalling his time as Chief Justice of the Karnataka High Court, he said his first administrative order was to ensure the term 'subordinate courts' was discarded. 'The real mistake we made in the last 75 years was not focusing enough on the trial and district judiciary.' Justice Oka addressed the rising pressure judges face, particularly in heinous crimes or economic offenses. He cited how public outrage, media coverage, or political statements such as a Chief Minister declaring an accused will be hanged can create an atmosphere of fear for grassroots judges. 'The involvement of large sums of money or the gravity of the allegations may be one factor, but judges must decide bail strictly within the four corners of the law,' he affirmed. He added, 'Judges must be prepared to deliver verdicts that are not popular.' Touching upon exceptions, he noted that in rare cases, judges may invoke Article 142 of the Constitution to ensure complete justice. However, even in such circumstances, he reiterated that decisions must stem from constitutional morality, not personal values. He also referenced dissenting judgments such as Justice H.R. Khanna's in the ADM Jabalpur case and the Kesavananda Bharati verdict to highlight the importance of judges staying true to constitutional principles, even at great personal cost. 'Three judges who gave the majority opinion in Kesavananda Bharati were superseded. But they were not swayed by the views of the ruling government.' Justice Oka acknowledged the flaws in the current judicial appointment system, particularly the delay between Collegium recommendations and appointments. He cited the example of Senior Advocate Aditya Sondhi, who withdrew his consent for judgeship after waiting nearly a year. 'The real challenge for Chief Justices is to convince good lawyers to join the Bench. But delay in appointments dissuades them,' he said, urging immediate government attention to this issue. Justice Oka concluded by recognizing the crisis of credibility in the judiciary and called for a recommitment to constitutional morality. 'Judges must set aside personal notions of morality, faith, religion, or political inclinations. That is the only way to meet the challenges before the judiciary today.' 'The job of a judge is not to preach. The question is not whether an action is good or bad, but whether it is legal or illegal.' He emphasized that criticism of judgments must be legal and balanced, urging the public and professionals to acknowledge both the right and wrong decisions of the courts. Justice Oka's powerful address served as a sobering reminder that justice cannot and must not be shaped by personal or societal moralities. Instead, it must emerge from the spirit and letter of the Constitution. 'The Constitution is our moral compass. That is the only morality a judge must know,' he concluded to resounding applause from a hall filled with eminent judges and legal luminaries. UNI SNG RN
The Hindu
an hour ago
- The Hindu
Brinda Karat voices concern against Chhattisgarh's approval for mining in Hasdeo region
In a letter to Union Minister for Environment, Forests and Climate Change Bhupender Yadav, senior Communist Party of India (Marxist) leader Brinda Karat has opposed a recent Chhattisgarh government's approval of diversion of a large forested land in the Hasdeo region of the State for mining purposes. In her letter, the former MP and Special Invitee, CPI(M) Central Committee, wrote there was no public interest involved in the project and it would only lead to exploitation of mineral resources for private gain. A recommendation letter dated June 26, in which the Forest department has approved the proposal for diversion of forest land for non-forestry purpose — coal excavation work in the Kete Extension Coal Block Open Mine Project of the Rajasthan Rajya Vidyut Utpadan Nigam or RNUVL, surfaced online on August 4. In the letter uploaded on government's PARIVESH website, Forest department official from Surguja district Abhishek Jogawat has based the recommendation on a survey done by him. The approval has also faced criticism from the Opposition Congress and environmentalists in the State. Demanding its cancellation, they have accused the ruling BJP of sacrificing the interests of the people of State as well as ecological concerns for the benefit of their capitalist friends, specifically the Adani conglomerate that is the mine developer and operator for RVUNL. Echoing similar concerns, Ms. Karat in her August 6 letter sought Mr. Yadav's intervention to 'reverse the destructive decision of the Chhattisgarh Forest department to give the green signal for the operationalisation of the Kente Extension Coal Project which requires the destruction of 1,742 hectares of dense forest land.' The approval follows the so-called inspection of the site by the Surguja District Forest Officer in June this year, she added. Ms. Karat further wrote that these projects were being taken up ignoring the opinions of the gram sabhas involved and the provisions of the Constitution and legal frameworks that made consent of the gram sabhas mandatory. 'Open cast mining affects a very large geographical area beyond the actual project. So even though human habitation in this specific area is negligible, many villages outside the area will be deeply affected. Earlier, more than 1,500 written objections from local communities were given to the government. But these have been ignored,' she wrote.
Time of India
an hour ago
- Time of India
India's dignity belittled by hand-pulled rickshaws: SC
NEW DELHI: The Supreme Court on Wednesday expressed deep anguish over the prevailing inhuman practice of hand-pulled rickshaws ferrying visitors in the eco-sensitive and automobile-free Matheran hill station in Maharashtra's Western Ghats and said this belittles India's march towards a developing country and its Constitution which promises social and economic justice. A bench of Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria recalled a 45-year-old judgment in the Azad Rickshaw Pullers Association case, in which Supreme Court had come to the rescue of exploited cycle-rickshaw pullers and framed a scheme for ensuring their dignity and livelihood, and said that it is the duty of the Maharashtra govt to frame a scheme within six months to provide e-rickshaws to persons engaged in ferrying tourists on hand-pulled rickshaws. Dictating the judgment in court for the bench, CJI Gavai said, "It is really unfortunate that even after 45 years of the SC judgment on cycle-rickshaw pullers of Punjab, the inhuman practice of one human being ferrying another on hand-pulled rickshaws is prevalent (in Matheran)." "Are we alive to the social and economic justice of every human being as mandated by the Constitution? Unfortunately, the answer is in the negative. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like The Most Beautiful Women In The World Undo Continuing such inhuman practices even after 75 years of the Constitution would be akin to betraying the promise 'We the People' made to all citizens - social and economic justice," he said. To ensure social and economic justice, the state must frame a scheme for the people who hand-pull rickshaws so that they earn their livelihood with dignity, the bench said and asked the Maharashtra govt to take a leaf out of the e-rickshaw scheme which is working well to empower tribal women around the Sardar Patel statue at Gujarat's Sardar Sarovar dam. The CJI said that the govt could purchase e-rickshaws for Matheran and rent them out only to those who hand-pull rickshaws to rehabilitate them.
