‘Chief Justice-Centric’: Justice AS Oka Seeks Reforms in Supreme Court Case Allocation

Former Supreme Court judge Justice A S Oka has called for reforms in the Supreme Court’s functioning, saying it remains too “Chief Justice-centric” and needs a transparent system for assigning cases to benches. He also defended the collegium system, arguing that it should not be replaced without a better alternative.

Speaking at an event organised by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Oka said publishing collegium resolutions online was not enough to ensure transparency. The process behind judicial appointments must also be open and accountable, he said.

He called for a proper roster system to prevent manual intervention in case allocation, including by the Chief Justice of India. He also advocated automatic listing of newly filed cases to reduce arbitrariness and spare litigants the trouble of repeatedly seeking hearing dates.

Justice Oka warned that court orders imposing deadlines for disposing of cases, without considering judicial workload and pending cases, could create a separate queue for privileged litigants who can approach higher courts. He compared the situation to separate queues for ordinary visitors and VIPs at temples.

He called for a fair priority policy that gives adequate attention to bail applications, old criminal cases and disputes involving ordinary citizens, rather than allowing commercial litigation to take precedence.

Justice Oka also stressed the importance of following binding legal precedents, allowing reasoned criticism of judgments, and strengthening trial and district courts through adequate appointments and a rational transfer policy.

Senior advocate Kapil Sibal, who addressed the gathering, warned that public confidence in the judiciary was gradually eroding. He criticised the lack of transparency in administrative decisions, including the allocation of politically sensitive cases.

“ Independence without accountability is insulation. Accountability without independence is subordination, ” Sibal said.

He also flagged the collegium system’s shortcomings, citing the absence of published selection criteria and clear explanations for recommendations or rejections.