Judicial Courage and Constitutional Fidelity: Justice Ujjal Bhuyan’s Tribute to the Legacy of Justice Abhay S. Oka

Speaking at a farewell ceremony organised by the Bar Council of Maharashtra and Goa in honour of former Supreme Court judge Justice Abhay S. Oka, sitting Supreme Court judge Justice Ujjal Bhuyan delivered a powerful and insightful address on the enduring strength of the Indian Constitution and the vital role played by the judiciary. Emphasising the importance of judicial courage, he quoted Caroline Kennedy, saying, “We need to have more bold and courageous judges. We have had such judges and will continue to have them, and this is how the Constitution will survive.” Justice Bhuyan underscored that the bedrock of any democracy is the rule of law, and maintaining this foundation requires an independent judiciary, one that makes decisions free from the influence of political or external forces. He reflected on Justice Oka’s distinguished career as an embodiment of these ideals.

Delving into the development of the “basic structure” doctrine, Justice Bhuyan traced its earliest roots not to India but to a 1963 case decided by the Supreme Court of Pakistan Fazlur Kadir Chaudhary vs Mohammad Abdul Haq. He referred to this as the “first germination” of the concept of constitutional features that cannot be amended or destroyed, drawing a historical connection to India’s own landmark Kesavananda Bharati case. While the Kesavananda judgment has long been criticised by some for being “anti-democratic,” Justice Bhuyan rejected such criticism and asserted that the ruling has been reaffirmed in at least ten separate judgments by the Supreme Court, underscoring its enduring relevance.

Justice Bhuyan also addressed the National Judicial Appointments Commission (NJAC) Act, which was struck down by the Supreme Court for violating the doctrine of separation of powers. He defended this decision, stating that the judiciary’s independence must not be compromised by political interference. He referenced the late Arun Jaitley’s criticism of the ruling where Jaitley described it as an example of “the tyranny of unselected judges” and firmly stated that such objections were completely untenable.

Concluding his speech, Justice Bhuyan invoked the words of India’s first President, Dr. Rajendra Prasad: “We have prepared a democratic Constitution, but the successful working of the constitutional institutions requires in those who have to work them, a willingness to respect the viewpoints of others, and a capacity for compromise and accommodation.” Reflecting on these words, he remarked on their prophetic nature, noting their relevance in 1949 and their equal importance in 2025. Justice Bhuyan’s tribute not only honoured the legacy of Justice Oka but also served as a compelling reminder of the role that courage, independence, and constitutional fidelity must continue to play in India’s democratic journey.