Institute of Legal and Management Studies

Former Supreme Court judge Justice Abhay S Oka today responded to the comment made by Sanjeev Sanyal, economist and member of the Economic Advisory Council to the Prime Minister, judiciary was the biggest hurdle to the dream of 'Viksit Bharat'.

Speaking at a lecture titled “Clean Air, Climate Justice and We – Together for a Sustainable Future”, organised by the Supreme Court Bar Association, Justice Oka said that every citizen has the right to offer constructive criticism of the judiciary, but Sanyal's criticism was unconstructive because he did not provide any specific order or orders that, according to him, hindered the country's development.

Without specifically taking the name of Sanyal, Justice Oka said, “this learned man should have given instances of those judicial orders which, according to him, obstructed and hindered the Viksit Bharat. He should have given particulars of those orders. If he had, his criticism would have become constructive criticism, which would be most welcome.”

Justice Oka highlighted that the judiciary is open to scrutiny. “Every citizen of India has the right to offer constructive criticism of the judiciary and orders of the judiciary. And at any cost, we must support that right,” he said.

However, he stressed that a blanket claim without specific examples is not constructive criticism. “But this is no constructive criticism when you in single sentence say that there are court orders which came in the way of Viksit Bharat.” he remarked.

He said that if such particulars had been provided, the legal fraternity could have examined those orders objectively. “Maybe, in a given case, we would have said that yes a particular order has come in the way of the endeavour to have Viksit Bharat,” he added.

Justice Oka said that criticism of judicial orders is welcome “provided somebody establishes that these are the orders which violated the constitution and did not allow development work within the framework of the Constitution.”

Justice Oka said that debates on balancing environmental protection with development often overlook the meaning of development itself. “There is a prevailing view that the environmental concerns must be balanced with the need for development. There are quite a few who believe that development must get precedence over environmental issues. Perhaps all this happens because we have ignored what real development means in terms of framework of the Constitution,” he said.

He explained that the Constitution envisions development consistent with its directive principles and fundamental duties. Referring to Article 48A and clause (g) of Article 51A, both inserted through the 42nd Amendment, he said, “We need to work on what is the concept of development in the context of the constitutional framework. When we say that preference should be given to development work, we must apply our mind and define what is development.”

Justice Oka said that real development lies in creating affordable housing, transport, education, and healthcare for the common man.

“I think that real development is when we create affordable residential accommodation for poor people and we create affordable transport facilities and affordable facilities of education and health to common man. If this is achieved then we can say there is development. Today go to any city, can a common man venture to acquire residential accommodation? Only once we have proper definition of development in terms of the Constitution can we think of balancing the development with environmental concerns”, he said.

Justice Oka emphasised the need for effective environmental law enforcement, public participation. “To do environmental justice and climate justice we need strict implementation of the laws and it is a duty of the courts to do so. But we will not succeed in our endeavour without public participation and support. We will not succeed in our endeavour unless our democratically elected leaders support the cause of environment.

Justice Oka cautioned, “Otherwise, as it happens in case of the some of the orders of the court, all of it will remain on paper.”

Sharing his observation upon arriving in Delhi from Mumbai, Justice Oka remarked, “I could see the cloud of pollution on Delhi from the top. And I will tell you that such kind of pollution is not the monopoly of Delhi. Bombay is not far behind. But there we have the advantage of the sea breeze which protects the city. There are other cities which may compete with Delhi in pollution.”

Concluding his lecture, Justice Oka invoked Albert Einstein's words: “The world will not be destroyed by those who do evil but by those who watch them without doing anything.” He said the statement aptly applies to the present environmental crisis and carries a message not only for the public but also for the legal fraternity.

Also from the event - Bursting Crackers, Idol Immersions, Loudspeakers Not Essential Religious Practices; No Religion Permits Pollution : Justice AS Oka