“Judiciary is facing the crisis of credibility,” said Justice Abhay Oak, former Judge of the Supreme Court of India, on Saturday. He was speaking at the lecture on ‘Is the Judiciary a Holy Cow?’ organised by Dr Dande Foundation at Vanamati Hall. Dr Pinak Dande, Managing Trustee of Dr Dande Foundation, and Shailesh Pande, Chief Editor of Tarun Bharat, also shared the dais. Justice Oak discussed the current state of the judiciary, its long-standing challenges and the need for informed public discourse on judicial functioning. “Even after more than 75 years of independence, the justice delivery system has not fully met the expectations of the common man. As a result, the judiciary is facing a crisis of credibility,” he said.

 

He emphasised that no institution in a democracy can be beyond scrutiny. Referring to the lecture theme, Justice Oak said the notion of treating the judiciary as ‘holy’ was misplaced in a secular constitutional framework. Every citizen, he said, has the right to criticise judicial decisions, provided such criticism is constructive, lawful and well-informed. Highlighting the judiciary’s contributions, he referred to landmark rulings safeguarding freedom of expression, environmental protection and fundamental rights. At the same time, he pointed to systemic shortcomings, including inadequate judicial strength, poor infrastructure, shortage of Government prosecutors and delays in appointments of judges and prosecutors. Justice Oak identified self-congratulatory tendencies within the system and neglect of taluka and district courts as factors contributing to growing pendency.

 

He also criticised the absence of a clear institutional policy on prioritising cases. “Courts often direct subordinate courts to dispose of particular matters within a fixed timeframe without knowing whether more serious cases are already pending. This pushes other matters further down the queue,” he observed. The former Chief Justice of the Karnataka High Court noted that changing social realities had led to rise in litigation, particularly matrimonial and family disputes, while alternative dispute-resolution mechanisms remained inadequate. He also blamed the State and Union Governments for increasing the burden on higher courts by routinely filing appeals against adverse judgements. Defending the collegium system, Justice Oak said that despite its flaws, it remains the most effective mechanism available until a better alternative free from governmental influence emerges. He also supported live-streaming of court proceedings, while cautioning against its misuse. Dr Pinak Dande delivered the welcome address, while Shailesh Pande introduced the subject. Chaitanya Deshpande compered the programme and also proposed a vote of thanks.