'Function of Judiciary Is to Ensure Govt Follows Constitution' Says Former SC Judge Abhay Oka at BMU Lecture Series

Justice Abhay S. Oka, Former Judge of the Supreme Court of India, shared valuable insights during the School of Law at BML Munjal University (BMU) 3rd edition of its flagship Constitutional Cultures Lecture Series. 

The School of Law at BML Munjal University hosted 3rd edition of its flagship Constitutional Cultures Lecture Series. During the event, Justice Abhay S. Oka, Former Judge of the Supreme Court of India, was among the main guests of the event. During the event, Justice Oka highlighted the relationship between democratic legitimacy, constitutional accountability, and the role of people and courts in protecting India’s constitutional ethos.

Speaking to students and faculty, Justice Oka mentioned that while democratically elected governments have legitimacy from the electoral process, they cannot
ensure 100% constitutional compliance.

“A popular mandate does not automatically guarantee that a government will remain within the four corners of the Constitution,” he mentioned. 

He also challenged the mistaken idea that courts stop progress or development. He argued that the court's job of checking laws is necessary for keeping the balance of power set by the Constitution. 

"The judiciary's (court system's) role is to make sure the government follows the rules exactly as written in the Constitution. Basically, the courts must always hold the government accountable and check its power." He further mentioned. 

Justice Oka pointed out big issues like:

• Pollution and damage to the environment.
• Instances where people's basic human rights are ignored.
• The everyday difficulties regular people face when trying to get a fair solution from the justice system.

He explained that although Article 21 of the Constitution offers very strong protection for people's basic life and freedom, many violations are never challenged.