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[DAILY CURRENT AFFAIRS, 05 MAY 2023]

EUROPEAN SPACE AGENCY

 
 
1. Context
The ESA hopes to send the first of its new class of budding astronauts to the International Space Station by 2026
By 2030, the ESA hopes all 17 members of its new “Class of 2022” will have the chance either to fly to the International Space Station, or into space
The European Space Agency and Auroch Digital are working together on a space exploration game — Auroch Digital
 
2.About European Space Agency (ESA)
  • The European Space Agency (ESA) is an intergovernmental organization established in 1975 with the goal of coordinating and promoting European cooperation in space research and technology. Its headquarters is located in Paris, France, and it currently has 22 member states.
  • The European Space Agency (ESA) is Europe’s gateway to space. Its mission is to shape the development of Europe’s space capability and ensure that investment in space continues to deliver benefits to the citizens of Europe and the world
  • ESA is an international organisation with 22 Member States. By coordinating the financial and intellectual resources of its members, it can undertake programmes and activities far beyond the scope of any single European country.
  •  ESA's programmes are designed to find out more about Earth, its immediate space environment, our Solar System and the Universe, as well as to develop satellite-based technologies and services, and to promote European industries. ESA also works closely with space organisations outside Europe.
3. Missions of ESA
  • ESA's mission is to explore space, develop space technology, and promote European industries. It conducts space research, develops and launches satellites and other spacecraft, and collaborates with other space agencies around the world, including NASA and Roscosmos
  • Some of ESA's notable achievements include the launch of the Huygens probe to Titan, the largest moon of Saturn, as part of the Cassini-Huygens mission, the development and operation of the Galileo navigation system, and the ongoing operation of the International Space Station (ISS) in collaboration with other space agencies
  • ESA's current priorities include Earth observation, climate change research, exploration of the Solar System, and the development of advanced space technology.
  • It also runs a range of educational and outreach programs to engage the public in space science and inspire the next generation of space explorers.
4. Members of ESA
Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland and the United Kingdom. Slovakia, Slovenia, Latvia and Lithuania are Associate Members. Canada takes part in some projects under a cooperation agreement.
Bulgaria, Croatia, Cyprus and Malta have cooperation agreements with ESA
 
 
Source: esa.int

MEITEI TRIBE

1. Context 

Manipur has been restive since February when the BJPled government launched an eviction drive seen as targeting a specific tribal group.
The drive led to protests but not on the scale of the one on May 3, 2023, triggered by the Manipur High Court's direction to the State to pursue a 10-year-old recommendation to grant Scheduled Tribe status to the nontribal Meitei community.

2. About Manipur's ethnic composition

  • Geography has a lot to do with Manipur's problems. Four highways, two of them lifelines for the State, are the valley's access points to the world beyond.
  •  The valley, which comprises about 10 per cent of Manipur's landmass, is dominated by the nontribal Meitei who account for more than 64 per cent of the population of the State and yields 40 of the State's 60 MLAs.
  • The hills comprising 90 per cent of the geographical area are inhabited by more than 35 per cent recognised tribes but send only 20 MLAs to the Assembly.
  • While a majority of the Meities are Hindus followed by Muslims, the 33 recognised tribes, broadly classified into "Any Naga Tribes" and Any Kuki Tribes" are largely Christians.

3. Meitei's arguments

  • Hearing a petition by eight people representing the Meeti (Meitei) Tribe Union, the Manipur High Court directed the State government to submit, within four weeks, a 10-year-old recommendation to the Union Tribal Affairs Ministry for the inclusion of the Meitei community in the ST list.
  • The court referred to the Ministry's letter in May 2013 to the Manipur government seeking specific recommendations along with the latest socioeconomic survey and ethnographic report.
  • The letter followed a representation submitted by the Scheduled Tribe Demand Committee of Manipur (STDCM), which began demanding ST status for the Meiteis in 2012.
  • The petitioners told the High Court that the Meiteis were recognised as a tribe before the merger of the State with the Union of India in 1949.
  • They argued that the ST status is needed to "preserve" the community and "save the ancestral land, tradition, culture and language" of the Meities.
  • The STDCM also said the Meiteis needed constitutional safeguards against outsiders, stating that the community has been kept away from the hills while the tribal people can buy land in the "shrinking" Imphal Valley.

4. Reasons for the tribal groups against ST status for Meiteis

  • The tribal groups say the Meiteis have a demographic and political advantage besides being more advanced than them academically and in other aspects.
  • They feel the ST status to the Meiteis would lead to loss of job opportunities and allow them to acquire land in the hills and push the tribals out.
  • Groups such as the All  Tribal Students Union of Manipur point out that the language of the Meitei people is included in the Eighth Schedule of the Constitution and many of them have access to benefits associated with the SC, OBC or EWS status.
  • To the hill tribal people of Manipur, the demand for ST status is a ploy to attenuate the fervent political demands of the Kukis and Nagas as well as a tacit strategy of the dominant valley dwellers to make inroads into the hill areas of the State.

5. Factors that led to the unrest

  • Pro-government groups in Manipur claim some tribal groups with vested interests are trying to scuttle Chief Minister Nongthombam Biren Singh's crusade against drugs.
  • The anti-drug drive began with destroying poppy fields and the theory that "illegal settlers" from Myanmar ethnically related to the KukiZomi people of Manipur are behind clearing forests and government lands to grow opium and cannabis.
  • The first violent protest was against the eviction of the residents of a Kuki village.
  • This made the State government withdraw from the suspension of operations with two Kuki extremist groups accused of inciting the protesters.
  • The large-scale arson and violence claiming the life of at least one person on May 3 and 4, 2023, following a "Tribal solidarity rally" against the reported move to include the Meiteis in the ST list.
For Prelims: Meitie tribe, opium, cannabis, Naga Tribes, Kuki Tribes, Imphal Valley, 
For Mains
1. Who are Meitei's Tribes? Discuss the Reasons why the tribal groups are against ST status for Meiteis. (250 Words)
 
Previous Year Questions
 
1. Non-scheduled population concentrated in central valley of Manipur is called (BPSC CDPO 2018)
1. Meitei
2. Mishmi
3. Kuki
4. Apatanis
5. None of the above/More than one of the above
 
Answer: 1
 
2. Consider the following pairs: (UPSC  2018)
Tradition                                State
1. Chapchar Kut festival       Mizoram
2. Khongjom Parba ballad    Manipur
3. Thang-Ta dance                Sikkim
Which of the pairs given above is/are correct?
A. 1 only   B. 1 and 2    C.  3 only       D. 2 and 3
 
Answer: B
 
3. Which of the following statements related to tribes in India are correct? (UPSC CAPF 2017)
1. Tharu tribes are found in Uttar Pradesh and Uttarakhand
2. Irula, Chenchu and Sumali tribes are found in Kerala
3. Garasia tribes are found in Goa
4. Gaddi tribes are nomadic herders of Jammu & Kashmir and Himachal Pradesh
Select the correct answer using the code given below:
A. 1 and 4 only    B. 2 and 3 only   C. 1, 2 and 4 only   D.  1, 2, 3 and 4
 
Answer: C
 
4. With reference to Manipuri Sankirtana, consider the following statements: (UPSC 2017)
1. It is a song and dance performance.
2. Cymbals are the only musical instruments used in the performance.
3. It is performed to narrate the life and deeds of Lord Krishna.
Which of the statements given above is/are correct?
A. 1, 2 and 3     B. 1 and 3 only   C. 2 and 3 only    D.  1 only
 
Answer: B
 
5. Comprehension
 
Nagaland, one of India's smallest states, is located in the north-east. It is bounded by Myanmar on the east, Arunachal Pradesh on the north, Assam on the west and Manipur on the south. Nagaland is mostly mountainous except the part bordering the Assam valley. Mount Saramati is the highest peak and forms a natural barrier between Nagaland and Myanmar. The Nagas, inhabitants of Nagaland, form more than twenty tribes. Konyak is the largest of the Naga tribes. Traditionally, the Nagas wear colourful tribal outfits with bamboo shields and decorated spears. They are simple at heart, are known for their festive spirit and burst into dance and music on such occasions as festivals, marriages and harvest. Folk songs and ballads popular among the Nagas uphold such values as bravery, love, generosity, etc. Dances are mostly woven around war themes and are performed with amazing mock war emotions. Bamboo dance is a well-known dance of the Nagas. Colourfully dressed young girls performing the bamboo dance at an incredible speed and with great accuracy present a fascinating sight. The Nagas celebrate their festivals with great enthusiasm. Almost every Naga tribe has its own festival. Sankarni is the major festival of the Zemis tribe. This religious festival coincides with Shivratri. Sekrenyi is a festival celebrated by the Angamis tribe to ensure the health and well-being of the community. Moatsu is the most important festival celebrated by the Aos tribe after the sowing is over. Feasting and merry-making invariably accompany festivals. Wood-carving is a famous Naga craft. The Konyaks, the best wood-carvers among all the Naga tribes, are skilled in carving human and animal figures. Weaving is a traditional Naga art in which each tribe has its own special designs and colours. Shawls, shoulder bags, and intricately woven mats and baskets make magnificent souvenirs for the tourists.
 
The largest Naga tribe is  (Odisha Police SI 2022)
A. Konyak.
B. Zemis.
C. Aos
D. Angami
 
Answer: A
 
6. Which of the following tribes belongs to Nagaland?  (NTPC  2021)
A. Bonda
B. Limboo
C. Rengma
D. Pnar
 
Answer: C
 
 Source: The Hindu

WASHINGTON DECLARATION

 

1. Context

Recently, South Korean President Yoon Suk Yeol arrived in the U.S. to commemorate the 70th anniversary of U.S.-South Korea bilateral relations. A highlight of the visit was the signing of the "Washington Declaration" as a nuclear deterrence strategy.

2. Washington Declaration

  • The agreement outlines cooperation toward deterrence. 
  • According to the declaration, an American nuclear ballistic submarine would be deployed in the Korean peninsula; a nuclear consultative group would be formed to formulate principles of joint response tactics.
  • South Korea would receive Intel from the U.S. regarding nuclear advancements, and the U.S. will strengthen South Korea’s nuclear deterrence capabilities through joint military training programs and an annual intergovernmental simulation.
  • The declaration reaffirmed the non­proliferation Treaty implying that South Korea would not venture into the creation of its own independent nuclear capabilities and would instead focus on deterrence measures through an alliance ­based approach.
  • It also mandates the U.S. President as the only ‘sole authority’ to use the nuclear arsenal of the U.S. in the event of a nuclear confrontation.
  • While the existence of the agreement is based on the security needs of South Korea, the policy reflects big power politics where the interests of the larger power (U.S.) take precedence. 

3. Reasons behind the South Korean President's Visit to the U.S.

  • The successful launch of North Korea's Hwasong8 solid-fuel intercontinental ballistic missile (ICBM), a vital component for nuclear weapons delivery, seems to have triggered the U.S. visit of the South Korean President.
  • Mr. Yoon aimed to advance the strategic partnership, drawing an alliance over an extended nuclear deterrence plan against the regional aggression of North Korea.
  • The Washington agreement will launch a new phase in the partnership between Seoul and Washington.

4. Why is the U.S. not keen on S.Korea having a nuclear arsenal?

  • South Korea’s nuclear development program supported by former president Park Chung Hee was hindered due to U.S. pressure.
  • In the 1990s, the U.S. withdrew one hundred nuclear weapons from South Korea as part of their “Strategic Arms Reduction Treaty”.
  • The U.S. was hoping to make North Korea unarm itself. Washington made an erroneous assumption that it could deter the weapons production of North Korea by extracting South Korea’s nuclear capacity.
  • Secondly, the Nuclear Posture Review 2022 reflects a shift in the U.S. narrative where it is now concerned about the progressing nuclear capacities of North Korea.
  • The report states that North Korea creates deterrence dilemmas for the United States and its Allies and partners and that a crisis or conflict on the Korean Peninsula could involve a number of nuclear­armed actors, raising the risk of a broader conflict.
  • Finally, the U.S. wants to control global nuclear arms production. It has been reluctant to allow South Korea to develop its own nuclear arsenal as it would hinder the prolonged efforts of controlling nuclear production in the world.
  • The assurance that the U.S. and its nuclear weapons would protect its allies by being responsible for maintaining stability in the region aligns with the larger goal of nonproliferation.
  • Washington plays a major influence in South Korea's foreign policy objectives, and Seoul would rather not disappoint the U.S. as they are a vital supporter of their cause.

5. What has been the regional response?

  • The Washington Declaration advocates for nuclear deterrence policy in the region, aiming to balance power dynamics against North Korea.
  • While the aim is to defuse the threat, physical deployment of the arsenal can be deemed as a direct threat by opposing actors and used as leverage to act aggressively.

6. What is the domestic response?

  • The South Korean Public is skeptical about U.S. support. A poll by the Chicago Council on Foreign Relations reported that 71% of South Koreans want to build their own nuclear weapons.
  • With an aggressive North Korea in the neighborhood, they would prefer their own deterrence.
For Prelims: Washington Declaration, North Korea's Hwasong8 solid-fuel intercontinental ballistic missile (ICBM), Intercontinental ballistic missile (ICBM), Strategic Arms Reduction Treaty (START), Korean Peninsula, and Nuclear Deterrence.
For Mains: 1. What is the Washington Declaration and discuss the features of the Strategic Arms Reduction Treaty (START)? (250 Words)
 
 

Previous year Question

1. Consider the following countries: (UPSC 2015)
1. China
2. France
3. India
4. Israel
5. Pakistan
Which among the above are Nuclear Weapons States as recognized by the Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Nuclear Non-Proliferation Treaty (NPT)?
A. 1 and 2 only
B. 1, 3, 4, and 5 only
C. 2, 4, and 5 only
D. 1, 2, 3, 4 and 5
Answer: A
 
2. What is/are the consequence/consequences of a country becoming a member of the 'Nuclear Suppliers Group'? (UPSC 2018)
1. It will have access to the latest and most efficient nuclear technologies.
2. It automatically becomes a member of "The Treaty on the Non-proliferation of Nuclear Weapons (NPT)".
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: A
 
3. In India, why are some nuclear reactors kept under "IAEA Safeguards" while others are not? (UPSC 2020)
A. Some use uranium and others use thorium
B. Some use imported uranium and others use domestic supplies
C. Some are operated by foreign enterprises and others are operated by domestic enterprises
D. Some are State-owned and others are privately-owned
Answer: B
Source: The Hindu

PoSH ACT 

1. Context 

Recently, An investigation revealed that more than half of 16 of India's 30 national sports federations do not have an Internal Complaints Committee (ICC), a legal requirement under the Prevention of Sexual Harassment (POSH) Act, 2013.

2. The law against sexual harassment of women in the workplace

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the PoSH Act, was passed in 2013.
  • It defined sexual harassment, lay down the procedures for complaint and inquiry and the action to be taken in cases of sexual harassment.

3. Vishaka Guidelines

  • The 2013 law broadened and gave legislative backing to what is known as the Vishaka Guidelines, which were laid down by the Supreme Court in a judgment passed in 1997.
  • The case in question was filed by women's rights groups, including one called Vishaka, over the alleged gangrape of a social worker from Rajasthan named Bhanwari Devi.
  • Bhanwari had fought against the marriage of a one-year-old baby girl in 1992 and had been allegedly gang-raped as retribution.
  • The Vishaka Guidelines defined sexual harassment and imposed three key obligations on institutions Prohibition, Prevention and Redress.
  • The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women in the workplace. The court made the guidelines legally binding.

4. PoSH Act about the complaints committee

  • The PoSH Act subsequently mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch that had 10 or more employees.
  • It defined various aspects of sexual harassment and lay down procedures for action in case of a complaint.
  • The aggrieved victim under the Act can be a woman "of any age whether employed (at the workplace) or not, who "alleges to have been subjected to any act of sexual harassment".
  • In effect, the Act protects the rights of all women who are working or visiting any workplace, in any capacity.

5. Sexual Harassment under the PoSH Act

Under the 2013 law, sexual harassment includes "any one or more" of the following "unwelcome acts or behaviour" committed directly or by implication:
  1. Physical contact and advances
  2. A demand or request for sexual favours
  3. Sexually coloured remarks
  4. Showing pornography
  5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
A "Handbook on Sexual Harassment of Women at Workplace" published by the Ministry of Women & Child Development contains more detailed instances of behaviour that constitute sexual harassment in the workplace. These circumstances include, broadly:
  1. Sexually suggestive remarks or innuendo
    Serious or repeated offensive remarks
  2. Inappropriate questions or remarks about a person's sex life
  3. Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or Emails
  4. Intimidation, threats, blackmail around sexual favours
  5. Threats, intimidation or retaliation against an employee who speaks up about these
  6. Unwelcome social invitations with sexual overtones, commonly seen as flirting 
  7. Unwelcome sexual advances
  8. The Handbook Says "Unwelcome behaviour" is experienced when the victim feels bad or powerless and when it causes anger/sadness or negative self-esteem.
  9. Unwelcome behaviour is "illegal, demeaning, invading, one-sided and power based".
In addition, the PoSH Act mentions five circumstances that amount to sexual harassment
  1. Implied or explicit promise of preferential treatment in her employment
  2. The implied or explicit threat of detrimental treatment
  3. The implied or explicit threat about the complainant's present or future employment status
  4. Interference with the complainant's work or creating an offensive or hostile work environment
  5. Humiliating treatment of the complainant that is likely to affect her health or safety.

6. The procedure for a complaint under the Act

  • The aggrieved victim does not need to file a complaint for the ICC to take action.
    The Act says that she "may" do so and if she cannot, any member of the ICC "shall" render "all reasonable assistance" to her to complain in writing.
  • If the woman cannot complain because of "physical or mental incapacity or death or otherwise" her legal heir may do so.
  • Under the Act, the complaint must be made within three months from the date of the incident.
  • However, the ICC can "extend the time limit" if "it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period".
  • The ICC may before the inquiry and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation provided that "no monetary settlement shall be made as a basis of conciliation".
  • The ICC may either forward the victim's complaint to the police or it can start an inquiry that has to be completed within 90 days.
  • The ICC has powers similar to those of a civil court in respect of summoning and examining any person on oath and requiring the discovery and production of documents.
  • When the inquiry is completed, the ICC must provide a report of its findings to the employer within 10 days. The report must also be made available to both parties.
  • The identity of the woman, respondent, witness, and any information on the inquiry, recommendation and action taken, should not be made public.

7. ICC Action on the Complaint 

  • If the allegations of sexual harassment are proven, the ICC will recommend to the employer to take action "by the provisions of the service rules" of the company.  These may vary from company to company.
  • The ICC may also recommend that the company deduct the salary of the person found guilty, "as it may consider appropriate". The compensation is determined based on five aspects:
  1. Suffering and emotional distress caused to the woman
  2. Loss of career opportunity
  3. Her medical expenses
  4. Income and financial status of the respondent
  5. The feasibility of such payment
If either the aggrieved woman or the respondent is not satisfied, they may appeal in court within 90 days.

8. False complaint of sexual harassment

  • Section 14 of the Act deals with punishment for false or malicious complaints and false evidence.
  • In such a case, the ICC "may recommend" to the employer that it take action against the woman or the person who has made the complaint, in "accordance with the provisions of the service rules".
  • The Act, however, makes it clear that action cannot be taken for "mere inability" to "Substantiate the complaint or provide adequate proof".
For Prelims: POSH Act, Vishaka guidelines, Internal Complaints Committee, sexual harassment, 
For Mains:
1. What is the Prevention of Sexual Harassment (POSH) Act, 2013? Discuss the procedure for complaints against sexual harassment at the workplace. (250 Words)
 
 
Previous Year Questions
 
1. 'Sexual Harassment of Women at Workplace', which court has been empowered to collect evidence to complaints committees set up under this Act?  (Rajasthan PC  2020)
1. women's court
2. civil court
3. supreme court
4. special court
 
Answer: 2
 
2. The "Sexual Harassment of Women at Workplace Act" was passed in which year to protect women at the workplace?  (Rajasthan PC  2020)
1. 2010
2. 2011
3. 2012
4. 2013
Answer: 4
 
3. The case of Vishakha and others Vs. State of Rajasthan and others is related to - (RPSC RAS 2021)
1. Transfer policy for women
2. Maternity leaves in respect of working women
3. Prevention of the practice of dowry prevalent in the society
4. Prevention of sexual harassment of women at work place
 
Answer: 4
 
Source: The Indian Express

COLLEGIUM VS NJAC

 

1. Context

The Supreme Court and the Centre are at odds over how judges should be appointed in the higher judiciary. In recent, the government has reiterated the need for a National Judicial Appointments Commission (NJAC), prompting the apex court to defend the present Collegium system. Union Minister for Law and Justice Kiren Rijiju reignited the debate at the beginning of November when he commented that the Collegium system of appointments was “opaque” and needed to be reconsidered. His sentiment was echoed shortly after by Vice President and Rajya Sabha Chairman Jagdeep Dhankar in Parliament on December 7, when he remarked that it was “never too late to reflect” on the NJAC.

2. Collegium System

  • The Collegium system is not rooted in the Constitution. Instead, it has evolved through judgments of the Supreme Court.
  • Under the system, the Chief Justice of India along with four senior-most Supreme Court judges recommend appointments and transfers of judges.
  • A High Court Collegium, meanwhile, is led by the incumbent Chief Justice and the two senior-most judges of that court.
  • In this system, the government’s role is limited to getting an inquiry conducted by the Intelligence Bureau (IB) if a lawyer is to be elevated as a judge in a High Court or the Supreme Court.
  • The government can also raise objections and seek clarifications regarding the Collegium’s choices, but, if the Collegium reiterates the same names, the government is bound, under Constitution Bench judgments, to appoint them to the post. 

3. Evolution of Collegium System

The system evolved in the three Judge's cases:
  • In the First Judges case, the court held that the consultation with the CJI should be "full and effective".
  • The Second Judges Case introduced the collegium system in 1993, as they ordered the CJI to consult a collegium of his two senior judges in the apex court on judicial appointments, such a "collective opinion" of the collegium would have primacy over the government.
  • The Third Judges case in 1998, expanded the judicial collegium to its present composition of the CJI and four of its senior-most judges.

4. Constitutional Provisions for Appointment of Judges

Article 124(2)
Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years.
Article 217
Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the state, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High court, and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty-two years.

5. Procedure for replacement of Collegium System

  • Replacing the Collegium system calls for a Constitutional Amendment Bill.
  • It requires a majority of not less than two-thirds of MPs (Members of Parliament) present and voting in Lok Sabha as well as Rajya Sabha.
  • It also needs the ratification of legislatures of not less than one-half of the states.

6. What are the concerns associated with the Collegium system?

  • Constitutional Status: The Collegium is not prescribed in the Constitution. Article 124 mentions consultation, which the SC interpreted as ‘concurrence’ in Second Judges Case (1993). During the hearing against the NJAC, the then SC Bar President had argued that the Constituent Assembly had considered a proposal for making Judges’ appointment ‘in concurrence’ with the CJI but had eventually rejected it. 
  • Transparency: There is no official procedure for selection or any written manual for the functioning of the Collegium. The parameters considered for selection (or rejection) are not available in the public domain.
  • Accountability: The selection of Judges by the Judges is considered undemocratic. Judges are not accountable to the people or any other organ of the State (Legislature or Executive). It can add an element of arbitrariness in functioning.
  • Criticism by Judges: Many retired Judges have criticized the working of the Collegium, especially the lack of transparency. Several controversial appointments have been made despite objections by the member-Judges of the Collegium.
  • No Checks: There are no checks on the process. Nor has there been any review regarding the effectiveness of the process. Critics of the system argue the phenomena of ‘Uncle Judges’ wherein near relatives, kith, and kin of sitting Judges are appointed to the higher judiciary leading to nepotism. Law Commission in its 230th Report (2012) recommended that that the Judges, whose kith and kin are practicing in a High Court, should not be appointed in the same High Court. The absence of transparency, accountability, and external checks creates space for subjectivity and individual bias in appointments. In some cases, the principle of seniority has been ignored.
  • No Reforms: The Supreme Court did not amend the contentious provisions of the NJAC Act or added safeguards to the Act. Instead, it struck down the whole Act. The Supreme Court reverted to the old Collegium System. However, the Court did not take any steps to address the concerns associated with the Collegium System.

7. What is National Judicial Appointments Commission (NJAC)

  • The Constitution (99th Amendment) Act, which established the NJAC and the NJAC Act, was passed by Parliament in 2014 to set up a commission for appointing judges,
    replacing the Collegium system.
  • This would essentially increase the government’s role in the appointment of judges. 
  • The laws were repealed in October 2015 after the Supreme Court struck them down.

7.1 Composition of NJAC

  • The Chief Justice of India as the ex officio Chairperson.
  • Two senior-most Supreme Court Judges as ex officio members.
  • The Union Minister of Law and Justice as ex officio members. 
  • Two eminent persons from civil society (one of whom would be nominated by a committee consisting of the CJI, Prime Minster, and the Leader of Opposition in the Lok Sabha, and the other would be nominated from the SC/ST/OBC/minority communities or women.
For Prelims: Collegium system, National Judicial Appointments Commission (NJAC), Supreme court, High court, Intelligence Bureau (IB), First Judges case, Second Judges Case, Third Judges Case, Article 124(2), Article 217, Law Commission, and 99th Constitutional Amendment Act.
For Mains: 1. What are the two systems of the appointment of Judges that has triggered the fresh debate on the Judicial system in India? (250 Words).
 
 
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