‘Independent institutions must be protected’, says former SC judge:Justice Abhay S Oka says election commissioners must not be appointed under political pressure

Former Supreme Court judge Justice Abhay Oka said the appointment of election commissioners should remain free from political influence. A strong legal framework and a system to protect independent institutions are essential for this. Justice Abhay was delivering a lecture on ‘Freedom of Speech and Us’ in Thane on Sunday. He raised questions about accountability in appointments to constitutional posts. He said free and fair elections are the foundation of democracy. He also said freedom of speech is a fundamental right of every citizen, and an argument should be countered not with physical force but with another argument. Questions raised over appointment of election commissioners Justice Abhay S Oka said there must be a system and legal provisions to ensure that the appointment of election commissioners is not determined by political influence. He said former Deputy Prime Minister LK Advani had proposed a collegium system around 14 years ago. It would have included the Prime Minister, the Law Minister, the Leaders of the Opposition in the Lok Sabha and Rajya Sabha, and the Chief Justice of India. According to Justice Oka, the aim was to make the process of selecting election commissioners genuinely independent. Freedom of speech is essential for democracy Justice Oka said freedom of speech must be protected to preserve democracy. Without it, life loses its meaningful purpose. He said every citizen has a fundamental right to hold their own opinions and viewpoints. Disagreements should be addressed through debate, not physical force. Four Supreme Court judges and former judges have commented on the Election Commission Former Supreme Court judges Justice Hemant Gupta and Justice Pankaj Mithal have also been among the 42 retired judges who signed an open letter supporting the Election Commission and describing allegations against it as politically motivated. Five notable verdicts by Justice Oka 1. Beef ban ruling in Maharashtra (2016) The Maharashtra government had argued that not only the slaughter of cows and bulls but also the possession of beef brought from outside the state should be treated as a crime. Justice Oka held that while a ban on slaughter could stand, inspecting what people kept in their refrigerators would violate their right to privacy. The provision criminalising the possession of beef brought from outside Maharashtra was declared unconstitutional. 2. Loudspeakers are not an essential part of religion (2016–17) At the Bombay High Court, Justice Oka observed that playing the Azaan or devotional songs over loudspeakers was not an essential religious practice protected under Article 25 of the Constitution. The restrictions included a ban on loudspeakers between 10 pm and 6 am, as well as a complete ban in silence zones. When the government accused him of bias and attempted to have the case transferred to another bench, the entire bar association rallied behind him, forcing the government to apologise. 3. Free speech case (2024) In a Supreme Court case, a professor faced charges under Section 153A for forwarding a WhatsApp message criticising the abrogation of Article 370. Justice Oka quashed the case, observing that democracy could not survive if every criticism was treated as a criminal offence. 4. Anganwadi workers entitled to gratuity (2022) The Supreme Court held that Anganwadi workers and helpers were not merely recipients of honorariums but performed actual work and were entitled to gratuity under the Payment of Gratuity Act, 1972. The ruling was significant for millions of women working in the sector. 5. POCSO ruling on the eve of retirement (23 May 2025) A day before his retirement, Justice Oka delivered 11 verdicts after returning from his mother’s funeral. In one case, he used Article 142 of the Constitution to waive the sentence of a boy convicted under the Protection of Chil