CJI’s nephew’s judicial appointment sparks debate, Justice Abhay Oka questions transparency

Justice Abhay Oka raises ethical concerns over CJI B.R. Gavai’s involvement in collegium recommending his nephew’s appointment, emphasizing need for transparency and distancing in judicial selections.

New Delhi: Recently a sensitive issue has come up regarding the appointment of judges in the Bombay High Court. Supreme Court Chief Justice (CJI) Justice B.R. Gavai's nephew Raj Wakode has been recommended by the Collegium for the post of Judge of the Bombay High Court. Former Supreme Court Judge Justice Abhay S. Oka has raised serious questions regarding this recommendation.

Should have separated from the Collegium: Justice Oka

Justice Abhay Oka believes that when a close relative (such as a nephew) of a judge is being nominated by the Collegium, then that judge should dissociate himself from the Collegium meeting.

In particular, he said that Chief Justice Gavai, whose nephew's name has been suggested, should have dissociated himself from this Collegium. Even if the candidate is qualified, this step is necessary to maintain transparency.

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Talk of expanding the collegium to include a new member

Justice Oka suggested that in such a situation the collegium should be expanded, and a new decision group should be formed by including a senior judge, which would consider that name. He also clarified that he did not know whether the CJI attended the collegium meeting or not, but from the point of view of decency and ethics, it was necessary that he keep himself away from it.

Dignity is personal, but it is important to set an example

Regarding dignity, Justice Oka said that its definition may be different for every person, but when it comes to institutions like the judiciary, adherence to high standards is necessary to maintain public trust. He also said that if he himself were the CJI and such a situation arose, he would have avoided such a situation.

Also clarified on RSS relations

When asked whether his father's connection with RSS was the reason behind his coming to the Supreme Court, he refuted this allegation. He clarified that his father was alive till 2017, while he became a judge in 2003 itself.

He never saw his father going to the RSS branch. He said that his father was probably associated with some trust, which also had people associated with RSS, but this does not mean that he was a member of RSS.

The constitutional oath is paramount

Justice Oka said that on taking oath as a judge, a person's primary loyalty is to the Constitution. Every decision should be in accordance with the law and the Constitution and not based on any political or ideological background. He said that after becoming a judge, no personal ideology can influence the decisions.

This matter is related to the transparency, morality, and dignity of the judiciary. Justice Oka's comment highlights that in an institution like the Supreme Court, just being qualified is not enough, but avoidance of personal relationships and transparency are equally important to maintain public trust.