Goanet Digest, Vol 21, Issue 171

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Today's Topics:

   1. Read: "Government Not Clearing Names Of Candidates
      Recommended For Judgeship A Major Problem : Justice Abhay Oka
      (Vivek Pinto)
   2. Take up your cross and follow me (Nelson Lopes)


----------------------------------------------------------------------

Message: 1
Date: Tue, 31 Mar 2026 18:13:48 +0900
From: Vivek Pinto <[email protected]>
To: Goanet <[email protected]>
Subject: [Goanet] Read: "Government Not Clearing Names Of Candidates
	Recommended For Judgeship A Major Problem : Justice Abhay Oka
Message-ID:
	<CAH3OY9zPXR-9sS6Hha=pYRktQMA+f9zQ1y4s6mpxRrh=waBu=Q@mail.gmail.com>
Content-Type: text/plain; charset="UTF-8"

By: Narsi Benwal
Published in:* LiveLaw*
Date: March 31, 2026
Source:
https://www.livelaw.in/top-stories/government-not-clearing-names-of-candidates-recommended-for-judgeship-a-major-problem-justice-abhay-oka-528324

"We speak about Viksit Bharat, but we don't speak about the Judge to
Population Ratio of India," Justice Oka said.

Former Supreme Court judge Justice Abhay Oka on Monday said that the
failure on the part of the Union Government to quickly clear the names of
advocates, who are recommended for judgeship by the Supreme Court
Collegium, is one of the major problems in the system because of which the
'judiciary has failed' to fulfil the expectations of the citizens.

The judge pointed out that names of candidates are not cleared for months
altogether, which adversely affects the candidate's profession and also
harms their privacy.

*"Another important issue is about the appointment of judges in HC... One
major problem in our system is, after the Supreme Court Collegium
recommends the names, good candidates have to wait for more than a year...
Sometimes, this compromises with a person's privacy...*" Justice Oka said.

The judge pointed out how a young lawyer in Karnataka, whose name was
recommended for judgeship, had to suffer because the Government did not
clear his name for around nine months.

*"In Karnataka I have seen a practice, that when a person is recommended
they usually don't get work (with a view that they may be appointed)...
They are young they need to run their family but since there is no word
from the Government that person suffers as s/he don't get work," *Justice
Oka explained.

Further, the judge shared an experience of another young lawyer, whom he
personally 'persuaded' to become a judge. Also Read - Dr. Nimo Yadav's
Account Blocked On MEITY Orders For Showing PM Modi In Bad Taste: X Tells
Delhi High Court

*"**It was only after I personally persuaded that young lawyer, he
consented for the judgeship. In fact, the entire Bar of the HC was happy
with his recommendation. But his name wasn't cleared for months and then
that person withdrew his consent. Of course, he has a great practice even
in the Supreme Court and later on when he appeared before me, I thought he
should not be appearing before the court but must be sitting in some
court... But this is one of the major problems,"* Justice Oka said.

At an event organised by the People's Union for Civil Liberties (PUCL) to
commemorate the *45th Annual JP Narayan Memorial Lecture* in Mumbai, the
judge, speaking on the theme "Reclaiming Justice", explained in his more
than hour-long address why the judiciary has, at times, failed to meet
citizens' expectations arising from the guarantees of the Constitution of
India.

The judge reflected on several areas where the justice delivery system has
fallen short due to systemic and institutional constraints.

People compelled to approach SC for bail
One such concern flagged by Justice Oka was the growing tendency in bail
matters, where relief that could appropriately be granted at the Magistrate
level is often denied, compelling accused persons to pursue remedies all
the way up to the Supreme Court.

*"Problem is even at Magistrate level people aren't getting bail... See
what happens or what kind of attack a judge faces once s/he gives bail...
People are only asking why in deserving cases, people are not getting bail?
It leads to a situation where our legal system fails... For eg, an accused
who was supposed to get bail at Magistrate level, they have to approach the
Supreme Court for the relief.*.." Justice Oka said.

The judge explained how the Supreme Court has clearly laid down law in
several important cases including that in
KA Najeeb's case, which is very clear on the point of 'long incarceration'
and that 'pre-trial incarceration cannot be converted into a punishment.'

*"Now the question is, are courts following this? Of course, some courts
are not, and this happened recently in a case in Delhi,*" Justice Oka
pointed out.

In his speech, the judge highlighted that a major problem is that people
only focus on the 'superficial' things and keep criticising the judiciary
over 'vacations, judges not disclosing assets, not pronouncing orders in
time, long holidays, etc.

* "One fundamental mistake that we have committed is whenever there is a
legal issue, we only discussed about Supreme Court & High Court but not
about the Trial Courts... Long vacations, non-disclosure of assets etc
these are all superficial things, but we all failed in revamping the trial
courts... There are enormous powers conferred upon Magistrates, Trial
Courts etc. but we have always labelled these trial courts as lower court*
*,*" Justice Oka bemoaned.

Abysmal judge-to-population ratio
The judge explained how trial courts, which deal on a daily basis with
cases that directly affect the common person's life, such as matrimonial
disputes, bail matters, criminal trials, and cheque dishonour cases,
continue to shoulder the bulk of the justice delivery system. It is
precisely these categories of routine yet high-volume cases, the judge
pointed out, that are steadily increasing, leading to what he described as
a "docket explosion" or a mounting backlog in the trial courts.

*"I expected new criminal laws to bring in some respite for Magistrate
Courts... They have around 100 to 150 matters and much of their time is
wasted in marking attendance of accused in each matter... These judges, who
are young, they get** only six holidays a month, of which 3 holidays they
spend attending workshops, lectures etc. In all this, they develop a
mechanical approach and there is no innovation (of ideas). This is
happening because we do not have a proper Judge to Population Ratio*," Justice
Oka highlighted.

Justice Oka added, *"We speak about Viksit Bharat, but we don't speak about
the Judge to Population Ratio of India... Large number of cases are coming
daily under the Negotiable Instruments Act, Sec 498A etc. This is only
increasing the backlog... When we compare India with other developed
countries and the robust system there, we never discuss the Judge to
Population of those countries." *

The judge also underlined another problem that affects the functioning of
the judiciary - infrastructure. He said that merely appointing or creating
more posts for judges would not be sufficient, as the pressing need is for
a good infrastructure.

*"We need good infrastructure... It's not that creating of more posts will
work, we also need infrastructure... In Uttar Pradesh, it has happened, the
State created additional posts but they cannot appoint judges because there
are no courtrooms," *Justice Oka said.

When addressing the issue of mounting backlog, Justice Oka observed that
the judiciary has, in some respects, "failed" to properly fix its
priorities. He pointed to this concern while expressing his disagreement
with a notification issued by the Supreme Court of India that mandated
priority listing of cases involving senior citizens, suggesting that such
blanket prioritisation may not always align with the broader needs of
justice delivery.

*"According to me, that is wrong... In Bombay HC, we have a third
generation of a litigant prosecuting a case because of the pendency and
then you ask us to give priority to a fresh case filed by a 60-year-old
person? Whom should we give priority to? There are matrimonial cases, of
course there people are young in their thirties etc still we should not
give them priority? There are cases of undertrials, no doubt we need to
prioritise them..."* Justice Oka said.

Should commercial litigation be prioritised at the cost of common man's
litigation?
The judge then pointed out the nature of litigation in India, which he said
is a 'common man's litigation' like that of labourers, teachers, pensioners
etc.

*"Was it necessary in the Indian scenario, to prioritise commercial
matters? I have nothing to do with the ranking of India in world bank list
or commercial list but we need to be concerned about India's ranking on
litigation related to common man. Cases u/s 138 of the Negotiable
Instruments (NI) Act are numerous and because of them, so many other cases
are being suffered. We need a debate on whether commercial matters be given
priority? Second is whether priority needs to be given to Arbitration
matters? Can our system afford prioritising arbitration matters? We need to
apply our minds to such issues as because of these matters, courts are
unable to fulfil the expectations of common man..."* Justice Oka
underscored.

While concluding his speech, Justice Oka responded to a question by a law
student, who suggested the use of Artificial Intelligence (AI) for dealing
with the piling backlog. "

*"AI has a limited scope of use... You need to understand this... For eg,
when you are cross-examining a witness, you cannot rely on AI but you need
to apply your own mind... A human mind will understand the psychology of
the witness, their background etc and accordingly put up questions... But
AI won't be able to do this... Similarly, AI cannot be helpful in drafting
a complaint because for that a human mind will think of who would be the
witnesses, the material that can be placed on record etc but AI won't be
able to do that... AI, I can say can be used to cross check any mistakes in
Drafts... Like in SC thousands of judgments have been translated into Hindi
and even Bengali with the help of AI... But you cannot let AI decide a
case,"* Justice Oka explained.


------------------------------

Message: 2
Date: Tue, 31 Mar 2026 15:25:24 +0530
From: Nelson Lopes <[email protected]>
To: "Goa's premiere mailing list, estb. 1994!"
	<[email protected]>
Subject: [Goanet] Take up your cross and follow me
Message-ID:
	<CACCOymJ9zsCdr8TABAVnnNPDrAF+AM8wh9LxyBWcBKGF+106PQ-JsoAwUIsXosN+BqQ9rBEUg@public.gmane.org>
Content-Type: text/plain; charset="UTF-8"

?Take up your cross and follow Me.?

Jesus Christ carried His cross to crucifixion without complaint, without
curses, and without blame?even when the judgment against Him was manifestly
unjust. His example was not merely one of endurance, but of obedience,
forgiveness, and love in its purest form.

For years, we Christians have faithfully observed rituals, customs, and
traditions. We commemorate His birth, death, and resurrection; we profess
adherence to the Ten Commandments. Yet, inwardly, we often remain
unchanged. We take pride in being regular churchgoers, in receiving
Communion, and in participating in religious observances?sometimes even
from outside the Church despite ample space within. But do these acts truly
transform us?

Our behaviour, attitudes, and actions reveal little real change. Our faith
risks becoming a routine rather than a renewal.

Life is filled with suffering, pain, and trials. In our distress, we
question God?s justice, wondering why we are made to endure such burdens.
Often, these are explained as purification?a means to suffer now rather
than later. Faith and hope become our refuge, yet they must also inspire
transformation, not resignation.

Temptation is inherent to human life. Like Christ, we are called to
overcome it. Yet too often, we surrender, excusing ourselves under the
guise of human frailty. Charity becomes a display for recognition, ignoring
the teaching that the left hand should not know what the right hand gives.

Forgiveness?so central to Christ?s message?is rarely practiced in its
fullness. We nurture grievances within families and communities, sometimes
from birth until death. Yet, even on the cross, Christ forgave: ?They know
not what they do.? He chose mercy over power, love over vengeance.

God never asked for grand offerings for Himself. Instead, He taught that
feeding the hungry, clothing the naked, and visiting the sick and
imprisoned is service to Him. Yet selfishness, greed, and concern only for
our immediate circles dominate our actions.

We deny others their rights, sometimes humiliating or persecuting them,
mistaking power for righteousness. Where is our compassion for the poor,
the vulnerable, and the forgotten?

We rely heavily on external practices?retreats, novenas, daily Mass, and
the Eucharist?yet without inner conversion, these risk becoming
superficial. Like cosmetics that mask appearances, they may conceal but do
not cleanse the soul. Traditions, when not accompanied by transformation,
merely scratch the surface.

?Love your neighbour as yourself? is a commandment we often recite but
seldom embody. Lenten sacrifices may be sincere, yet they are sometimes
temporary, followed by a return to ???? habits. Charity to the Church can
become so overwhelming that it blinds us to the suffering around us, as if
donations alone secure salvation.

There is also a danger when religious leadership or structures, at times,
unintentionally direct the faithful toward institutional giving over
personal acts of compassion. True Christianity demands transparency,
honesty, and integrity?values that must be lived, not merely preached.

Our pursuit of comfort and luxury can lead us into greed and dishonesty. We
seek healing through retreats and devotions, yet the deeper sickness often
lies within?selfishness, pride, and a hardened heart.

Even during Lent, we sometimes witness the emergence of practices that
blend entertainment with religiosity, diluting the spirit of sacrifice.
True penance is not merely giving alms, but transforming the
heart?rejecting anger, envy, hatred, and injustice.

Holy Week, too, risks becoming an observance of rituals without reflection.
While the crucifixion is central, it is the Resurrection that offers hope
and renewal. Christ has risen?but have we risen from the bondage of empty
customs and untransformed lives?

The call is clear: transformation must begin within. When individuals are
renewed, the Church itself will be renewed?not bound by outdated practices,
but alive in the spirit of Christ.

Let us not be held hostage by traditions devoid of meaning, but instead
embrace a living faith?one that reflects love, justice, humility, and truth.

Nelson Lopes
Chinchinim
https://lopesnelsonnat.wordpress.com


End of Goanet Digest, Vol 21, Issue 171
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