Amend Constitution to do away with reference to district courts as subordinate judiciary: Justice AS Oka

Supreme Court Judge Justice Abhay S Oka on Saturday emphasized the need to refrain from referring to district courts in India as 'subordinate' judiciary.

The judge added that it was high time that such a reference be deleted from the Constitution of India as well.

"It is high time we amend that part of the Constitution which still refers to district courts as subordinate. These are the people's courts and should very much be in the conversation or Constitutional courts. An honest assessment of the judiciary cannot just be about achievements," Justice AS Oka said.

Justice Oka was speaking at 'Reflections', an event organised by the OP Jindal Global Law School, Sonipat to mark the 75th anniversary of the adoption of the Indian Constitution. Several other Supreme Court judges also spoke at the event.

In his address, Justice Oka also stressed on the importance of interpreting Article 21 of the Constitution, which safeguards the right to life and personal liberty, in the context of rights to health and education.

"We must also talk more about what is really Article 21 and rights to health and education. In elite seminars, we only think of the privileged. But as of today, large sections of our society do not have shelter, health or education facilities We have to seriously consider their rights as they are very much part of access to justice," he said.

Further, Justice Oka also urged the young law students in the audience to opt for litigation and join the judiciary's efforts to render justice for the common man.

"What are our courts for? It is for ensuring that justice must prevail. From Supreme Court to trial courts. These courts need (young) talent ... Legal system will be robust - not just by IT facilities and fancy buildings - but only by providing quality justice for the common man. Today there are a large many in jail, who continue to languish there because they cannot meet bail or surety conditions. These are the ones who need most help and hence I ask youngsters to join the mainstream, which is litigation and then judiciary," he said.

He added that the pledge to protect the Constitution can only be fulfilled by upholding fundamental rights.

"For legal system to be robust we also need many academicians and real research in field of law. These are essential things for which thinking must begin now. Today we must pledge to protect Constitution which can be done only by upholding fundamental rights and it is a huge burden. Only then can we protect the democracy," he said.

The judge also referred to the challenges faced by judiciary in managing case backlogs. He emphasized the need for adequate judges, courts and proper training to ensure quality justice.

"Why do High Courts have so many arrears? For every basic things our people have to file a writ, even for like getting names in revenue records. So we need adequate judges and courts. We have to concentrate on quality of justice and adequate training," he said.

Justice Oka went on to highlight that while technological solutions such as the National Judicial Data Grid (NJDG), helps track case pendency, improving the judicial system requires support from government bodies and other reforms.

"Only by technology, we cannot improve our courts. When there is so much pendency in courts even government organs have a role," the judge remarked.