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DAILY CURRENT AFFAIRS, 24 APRIL 2025

INDUS WATER TREATY

 

1. Context

The Indus Waters Treaty (IWT), which has survived four wars, decades of cross-border terrorism against India by Pakistan, and a long history of antagonism between the two countries, was suspended for the first time by New Delhi on Wednesday
 

2. The dispute over the hydel projects

  • The notice appears to be a fallout of a longstanding dispute over two hydroelectric power projects that India is constructing one on the Kishanganga river, a tributary of Jhelum and the other on the Chenab.
  • Pakistan has raised objections to these projects and dispute resolution mechanisms under the Treaty have been invoked multiple times. But a full resolution has not been reached.
  • In 2015, Pakistan asked that a Neutral Expert should be appointed to examine its technical objections to the Kishanganga and Ratle HEPs.
  • But the following year, Pakistan unilaterally retracted this request and proposed that a Court of Arbitration should adjudicate its objections.
  • In August 2016, Pakistan approached the World Bank, which brokered the 1960 Treaty, seeking the constitution of a Court of Arbitration under the relevant dispute redressal provisions of the Treaty.
Instead of responding to Pakistan's request for a Court of Arbitration, India moved a separate application asking for the appointment of a Neutral Expert, which is a lower level of dispute resolution provided in the Treaty.
  • India argued that Pakistan's request for a Court of Arbitration violated the graded mechanism of dispute resolution in the Treaty.
  • In between, a significant event happened that had consequences for the Treaty.
  • A Pakistan-backed terror attack on Uri in September 2016 prompted calls within India to walk out of the Indus Waters Treaty, which allows a significantly bigger share of the six river glasses of water to Pakistan.
  • The Prime Minister had famously said that blood and water could not flow together and India has suspended routine bi-annual talks between the Indus Commissioners of the two countries.

3. Applications moved by Pakistan and India

  • The World Bank, the third party to the Treaty and the acknowledged arbiter of disputes were, meanwhile faced with a unique situation of having received two separate requests for the same dispute.
  • New Delhi feels that the World Bank is just a facilitator and has a limited role.
  • On December 12, 2016, the World Bank announced a "pause" in the separate processes initiated by India and Pakistan under the Indus Waters Treaty to allow the two countries to consider alternative ways to resolve their disagreements.
  • The regular meetings of Indus Waters Commissioners resumed in 2017 and India tried to use these to find mutually agreeable solutions between 2017 and 2022.
  • Pakistan refused to discuss these issues at these meetings.
  • At Pakistan's continued insistence, the World Bank, in March last year, initiated actions on the requests of both India and Pakistan.
On March 31, 2022, the World Bank decided to resume the process of appointing a Neutral Expert and a Chairman for the Court of Arbitration.
In October last year, the Bank named Michel Lino as the Neutral Expert and Prof. Sean Murphy as Chairman of the Court of Arbitration.
  • They will carry out their duties in their capacity as subject matter experts and independently of any other appointments they may currently hold.
  • On October 19, 2022, the Ministry of External Affairs said, " We have noted the World Bank's announcement to concurrently appoint a Neutral Expert and a Chair of the Court of Arbitration in the ongoing matter related to the Kishanganga and Ratle projects".
  • Recognising the World Bank's admission in its announcement that "carrying out two processes concurrently poses practical and legal challenges".
  • India would assess the matter that "India believes that the implementation of the Indus Water Treaty must be in the letter and spirit of the Treaty".
  • Such parallel consideration of the same issues is not provided for in any provisions of the Treaty and India has been repeatedly citing the possibility of the two processes delivering contradictory rulings, which could lead to an unprecedented and legally untenable situation, which is unforeseen in Treaty provisions.

4. Dispute redressal mechanism 

  • The dispute redressal mechanism provided under Article IX of the IWT is graded.
  • It's a 3-level mechanism.
  • So, whenever India plans to start a project, under the Indus Water Treaty, it has to inform Pakistan that it is planning to build a project.
  • Pakistan might oppose it and ask for more details. That would mean there is a question and in case there is a question, that question has to be clarified between the two sides at the level of the Indus Commissioners.
  • If that difference is not resolved by them, then the level is raised. The question then becomes a difference.
  • That difference is to be resolved by another set mechanism, which is the Natural Expert.
  • It is at this stage that the World Bank comes into the picture.
  • In case the Neutral Expert says that they are not able to resolve the difference or that the issue needs an interpretation of the Treaty, then that difference becomes a dispute.
    It then goes to the third stage the Court of Arbitration.
  • To Sum up, it's a very graded and sequential mechanism first Commissioner, then the Neutral Expert and only then the Court of Arbitration.

5. India's notice and its implications

  • While the immediate provocation for the modification is to address the issue of two parallel mechanisms, at this point, the implications of India's notice for modifying the treaty are not very clear.
  • Article XII (3) of the Treaty that India has invoked is not a dispute redressal mechanism.
  • It is in effect, a provision to amend the Treaty.
  • However, an amendment or modification can happen only through a "duly ratified Treaty concluded for that purpose between the two governments". 
  • Pakistan is under no obligation to agree to India's proposal.
  • As of now, it is not clear what happens if Pakistan does not respond to India's notice within 90 days.
The next provision in the Treaty, Article XII (4), provides for the termination of the Treaty through a similar process " a duly ratified Treaty concluded for that the purpose between the two governments".
  • India has not spelt out exactly what it wants to be modified in the Treaty.
  • But over the last few years, especially since the Uri attack, there has been a growing demand in India to use the Indus Waters Treaty as a strategic tool, considering that India has the natural advantage of being the upper riparian state.
  • India has not fully utilized its rights over the waters of the three east-flowing rivers Ravi, Beas and Sutlej over which India has full control under the Treaty.
    It has also not adequately utilized the limited rights over the three west-flowing rivers Indus, Chenab and Jhelum which are meant for Pakistan.
  • Following the Uri attack, India established a high-level task force to exploit the full potential of the Indus Waters Treaty.
  • Accordingly, India has been working to start several big and small hydroelectric projects that had either been stalled or were in the planning stages.
6. Indus river System
 
  • A river system consists of a river and all its tributaries. The Indus River system is made up of six rivers: Indus, Jhelum, Chenab, Ravi, Beas, and Sutlej. Among these, the Indus and Sutlej are antecedent rivers, meaning they existed before the formation of the Himalayas and carved deep gorges as they flowed from the Tibet region. The remaining four rivers—Jhelum, Chenab, Ravi, and Beas—originate in India.
  • The Indus Basin stretches across four countries: China, India, Pakistan, and Afghanistan. In India, it covers the Union Territories of Ladakh and Jammu and Kashmir, as well as Chandigarh, and the states of Himachal Pradesh, Punjab, Haryana, and Rajasthan. The total drainage area of the basin is about 3,21,289 square kilometers, representing roughly 9.8% of India’s total geographical area.
Western rivers
  • The Indus River originates from the trans-Himalayan range near Mansarovar Lake in Tibet, known as Singi Khamban or the Lion’s Mouth. Flowing west, it enters India at Demchok in Ladakh.
  • Within India, the river runs for about 1,114 kilometers, flowing between the Ladakh and Karakoram ranges. Its main right bank tributaries include the Shyok (originating from Rimo Glacier), Shigar, and Gilgit, while the Zaskar and Hanle rivers are its left bank tributaries. The Indus River travels a total of 2,880 kilometers, eventually emptying into the Arabian Sea near Karachi, Pakistan. The Indus River Dolphin, listed as endangered by the International Union for Conservation of Nature (IUCN), primarily inhabits the Indus.
  • The Jhelum River (252 km) begins at Verinag near the Pir Panjal in India, flowing through Wular Lake in Srinagar before entering Pakistan, where it merges with the Chenab near Jhang. The Chenab River, the Indus’s largest tributary, is 1,180 km long within India and originates from the confluence of the Chandra and Bhaga rivers at Tandi in Keylong, Himachal Pradesh.
Eastern river
  • The Ravi River (95 km) starts from the Kullu Hills near Rohtang Pass in Himachal Pradesh and joins the Chenab at Sarai Sidhu in Pakistan. The Beas River (354 km) originates from Beas Kund, located at 4,000 meters above sea level near Rohtang Pass. It flows through the Kullu Valley and joins the Sutlej near Harike in Punjab, India. The Harike Barrage, built in 1952, diverts water for the Indira Gandhi Canal system.
  • The Sutlej River (676 km) is another antecedent river, originating from Rakas Tal (4,555 meters above sea level) near Mansarovar in Tibet. It enters India near Ropar. India has built several important dams to harness the waters of the eastern rivers, including the Ranjit Sagar Dam on the Ravi, the Bhakra Dam on the Sutlej, and the Pong and Pandoh Dams on the Beas. These projects, including the Beas-Sutlej Link, the Madhopur-Beas Link, and the Indira Gandhi Canal Project, allow India to utilize nearly 95% of the waters of these eastern rivers.

 

7. Way Forward

However, India’s projects on the western rivers have been a source of dispute with Pakistan. Significant projects on the western rivers, such as the Salal Dam, the Baglihar Hydropower Project, the Pakal Dul Project, and the Kiru Project, are located on the Chenab River, while the Tulbul Project is situated on the Jhelum River in Jammu and Kashmir. These projects have been at the center of objections from Pakistan over the year

For Prelims & Mains

For Prelims: Indus water treaty, World Bank, India and Pakistan, Ravi, Jhelum, Sutlej, Beas, Chennab, Court of Arbitration, Uri attack, Neutral Expert, hydel projects, 
For Mains:
1. What is Indus Water Treaty and discuss India's recent notice and its implications (250 Words)
 
Previous Year Questions
 

1.With reference to the Indus river system, of the following four rivers, three of them pour into one of them which joins the Indus directly. Among the following, which one is such a river that joins the Indus direct? (2021)

(a) Chenab

(b) Jhelum

(c) Ravi

(d) Sutle

2.Consider the following pairs (2019)

Glacier River
1. Bandarpunch Yamuna
2. Bara Shigri Chenab
3. Milam Mandakini
4. Siachen Nubra
5. Zemu Manas

Answer (d)

Which of the pairs given above are correctly matched?

(a) 1, 2 and 4

(b) 1, 3 and 4

(c) 2 and 5

(d) 3 and 5

Answer (a)

Mains

1.The interlinking of rivers can provide viable solutions to the multi-dimensional inter-related problems of droughts, floods, and interrupted navigation. Critically examine. (2020)
 
Source: The Indian Express
 

HEATWAVE

 

1. Context

Telangana continued to reel under intense heat as summer temperatures showed no sign of dipping.On Tuesday, nine districts in the State recorded maximum temperatures of 44°C or higher, according to data from the Telangana State Development Planning Society (TGDPS)

2. What is a Heat Wave?

  • A heatwave is a period of abnormally high temperatures, a common phenomenon in India during the months of May-June and in some rare cases even extends till July.
  • Indian Meteorological Department (IMD) classifies heat waves according to regions and temperature ranges. As per IMD, the number of heatwave days in India has increased from 413 over 1981-1990 to 600 over 2011-2020.
  • This sharp rise in the number of heatwave days has resulted due to the increasing impact of climate change.
  • The last three years have been La Niña years, which has served as a precursor to 2023 likely being an El Niño year. (The El Niño is a complementary phenomenon in which warmer water spreads west­east across the equatorial Pacific Ocean.)
  • As we eagerly await the likely birth of an El Niño this year, we have already had a heat wave occur over northwest India.
  • Heat waves tend to be confined to north and northwest India in El Niño years.
 
Image Source:News18

3. How do Heat waves Occur?

  • Heat waves are formed for one of two reasons warmer air is flowing in from elsewhere or it is being produced locally.
  • It is a local phenomenon when the air is warmed by higher land surface temperature or because the air sinking down from above is compressed along the way, producing hot air near the surface.
  • First of all, in spring, India typically has air flowing in from the west­northwest. This direction of air­flow is bad news for India for several reasons.
  • Likewise, air flowing in from the northwest rolls in over the mountains of Afghanistan and Pakistan, so some of the compression also happens on the leeward side of these mountains, entering India with a bristling warmth.
  • While air flowing over the oceans is expected to bring cooler air, the Arabian Sea is warming faster than most other ocean regions.
  • Next, the strong upper atmospheric westerly winds, from the Atlantic Ocean to India during spring, control the near-surface winds.
  • Any time winds flow from the west to the east, we need to remember that the winds are blowing faster than the planet which also rotates from west to east.
  • The energy to run past the earth near the surface, against surface friction, can only come from above. This descending air compresses and warms up to generate some heat waves.

4. Impacts of heat waves in India

  • The frequent occurrence of heat waves also adversely affects different sectors of the economy.
  • For instance, the livelihood of poor and marginal farmers is negatively impacted due to the loss of working days.
  • Heatwaves also have an adverse impact on daily wage workers' productivity, impacting the economy.
  • Crop yields suffer when temperatures exceed the ideal range.
  • Farmers in Haryana, Punjab, and Uttar Pradesh have reported losses in their wheat crop in the past rabi season. Across India, wheat production could be down 6-7% due to heat waves.
  • Mortality due to heat waves occurs because of rising temperatures, lack of public awareness programs, and inadequate long-term mitigation measures.
  • According to a 2019 report by the Tata Center for Development and the University of Chicago, by 2100 annually, more than 1.5 million people will be likely to die due to extreme heat caused by climate change.
  • The increased heat wave will lead to an increase in diseases like diabetes, circulatory and respiratory conditions, as well as mental health challenges.
  • The concurrence of heat and drought events is causing crop production losses and tree mortality. The risks to health and food production will be made more severe by the sudden food production losses exacerbated by heat-induced labor productivity losses.
    These interacting impacts will increase food prices, reduce household incomes, and lead to malnutrition and climate-related deaths, especially in tropical regions.

5. How does air mass contribute to heat waves?

  • The other factors that affect the formation of heat waves are the age of the air mass and how far it has traveled.
  • The north northwestern heatwaves are typically formed with air masses that come from 800-1600 km away and are around two days old.
  • Heat waves over peninsular India on the other hand, arrive from the oceans, which are closer (around 200-400km) and are barely a day old. As a result, they are on average less intense.

6. Way ahead for Heat waves

  • Identifying heat hot spots through appropriate tracking of meteorological data and promoting timely development and implementation of local Heat Action Plans with strategic inter-agency coordination, and a response that targets the most vulnerable groups.
  • Review existing occupational health standards, labor laws, and sectoral regulations for worker safety in relation to climatic conditions.
  • Policy intervention and coordination across three sectors health, water, and power are necessary.
  • Promotion of traditional adaptation practices, such as staying indoors and wearing comfortable clothes.
  • Popularisation of simple design features such as shaded windows, underground water storage tanks, and insulating house materials.
  • Advance implementation of local Heat Action Plans, plus effective inter-agency coordination is a vital response that the government can deploy in order to protect vulnerable groups.

For Prelims & Mains

For Prelims: Heat Wave, India Meteorological Department (IMD), El Nino, Equatorial Pacific Ocean, La Nina, Malnutrition, Heat Action Plans.
For Mains: 1. Examine the various adverse impacts caused by heat waves and how India should deal with them.
 
Previous Year Questions
 
1.What are the possible limitations of India in mitigating global warming at present and in the immediate future? (UPSC CSE 2010)

1. Appropriate alternate technologies are not sufficiently available.

2. India cannot invest huge funds in research and development.

3. Many developed countries have already set up their polluting industries in India.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer (a)

India faces challenges in addressing Global Warming: Developing and underdeveloped nations lack access to advanced technologies, resulting in a scarcity of viable alternatives for combating climate change. Being a developing nation, India relies partially or entirely on developed countries for technology. Moreover, a significant portion of the annual budget in these nations is allocated to development and poverty alleviation programs, leaving limited funds for research and development of alternative technologies compared to developed nations. Analyzing the statements provided: Statements 1 and 2 hold true based on the aforementioned factors. However, Statement 3 is inaccurate as the establishment of polluting industries by developed countries within India is not feasible due to regulations governing industrial setup

Mains

1.Bring out the causes for the formation of heat islands in the urban habitat of the world. (UPSC CSE Mains GS 1 2013)

 

Source: The Hindu
 

INDIAN JUDICIARY 

 
 
 
 
1. Context
 
 
The term ‘judicial review’ has not been used in our constitution but it can easily be inferred from Article 13, which says any law in contravention of the constitution shall be void. In fact, even this provision was inserted out of abundant caution, as even in its absence, such a power could have been exercised by the constitutional courts. High Courts under Article 226 and the Supreme Court under Article 32 look at the violation of rights
 
 
2. The History of the Supreme Court of India
 
  • On January 28, 1950, two days after India became a sovereign democratic republic, the Supreme Court of India came into being.
  • The inauguration took place in the Chamber of Princes in the Parliament building which was the home to the Federal Court of India for 12 years preceding the Supreme Court's establishment.
  • The Parliament House was to be the home of the Supreme Court for years that were to follow until the court acquired its present building with lofty domes and its signature spacious collonaded verandas in 1958.
  • The inaugural proceedings on the 28th began at 9.45 a.m. when the Judges of the Federal Court Chief Justice Harilal J.Kania and Justices Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar Mukherjea and S.R. Das took their seats.
  • The inaugural proceedings ensured that the rules of the court were published and the names of all the advocates and agents of the Federal Court were brought on the rolls of the Supreme Court.

 Evolution of the Supreme Court

  • In 1958, when the court shifted its premises, the building was shaped to project the image of scales of justice, in the central wing.
  • In 1979, two new wings the East wing and the West wing were added to the complex.
  • In all, there are 19 Courtrooms in the various wings of the building.
  • The Chief Justice's Court is the largest of the Courts at the Central Wing's Centre.
  • The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne judges leaving it to Parliament to increase this number.
  • In the early years, all the judges of the Supreme Court sat together to hear the cases presented before them.
  • As the work of the Court increased and arrears of cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009 and 34 in 2019 (Current Strength).
  • As the number of Judges has increased, they sit in smaller benches of two and three coming together in larger benches of 5 and more only when required to do so or to settle a difference of opinion or controversy.
 
3. Articles 124 to 147 in Part V of the Constitution 
 
  • Article 124 establishes the Supreme Court of India, consisting of a Chief Justice and other judges. It outlines the composition and jurisdiction of the Supreme Court.
  • Article 125 empowers Parliament to determine the salaries, allowances, and other conditions of service for the judges of the Supreme Court.
  • Article 126 allows the President to appoint an acting Chief Justice when the office of the Chief Justice is vacant or when the Chief Justice is unable to perform duties.
  • Article 127 The President has the authority to appoint a person who has been a judge of the Supreme Court or High Court as an ad hoc judge for a temporary period.
  • Article 128 Retired judges may be requested by the Chief Justice of India to sit and act as judges of the Supreme Court, emphasizing the importance of their experience.
  • Article 129 Declares the Supreme Court as a court of record with the power to punish for contempt of itself, highlighting its authority.
  • Article 130 The Supreme Court shall sit in Delhi, or in such other place or places as the Chief Justice of India may, with the approval of the President, appoint.
  • Article 131 Grants the Supreme Court original jurisdiction in disputes between the Government of India and States or between different States.
  • Article 131A Originally provided exclusive jurisdiction to the Supreme Court in constitutional matters related to Central laws; however, it has been repealed.
  • Article 132 Details the appellate jurisdiction of the Supreme Court in certain cases coming from High Courts.
  • Article 133 Specifies the appellate jurisdiction of the Supreme Court in civil matters.
  • Article 134 Outlines the Supreme Court's appellate jurisdiction in criminal matters.
  • Article 134A Deals with the certification required for an appeal to the Supreme Court in certain cases.
  • Article 135 Confers the jurisdiction and powers of the former Federal Court on the Supreme Court.
  • Article 136 Grants the Supreme Court the discretionary power to grant special leave to appeal from any judgment or order.
  • Article 137 Empowers the Supreme Court to review its own judgments or orders.
  • Article 138 Allows Parliament to extend the jurisdiction of the Supreme Court.
  • Article 139 Grants the Supreme Court the power to issue writs for the enforcement of fundamental rights.
  • Article 139A Provides for the transfer of certain cases from one High Court to another or from a High Court to the Supreme Court.
  • Article 140 Empowers the Supreme Court to exercise ancillary powers necessary for the effective discharge of its jurisdiction.
  • Article 141 Declares that the law declared by the Supreme Court is binding on all courts within the territory of India.
  • Article 142 Grants the Supreme Court the power to pass decrees and orders necessary for doing complete justice in any cause or matter.
  • Article 143 Allows the President to refer questions of law or fact to the Supreme Court for its opinion.
  • Article 144 Requires all authorities to act in aid of the Supreme Court.
  • Article 144A Originally provided special provisions for the disposal of questions regarding the constitutional validity of laws but has been repealed.
  • Article 145 Grants the Supreme Court the authority to make rules regulating the practice and procedure of the court.
  • Article 146 Deals with the appointment of officers and servants of the Supreme Court and the expenses associated with it.
  • Article 147 Provides for the interpretation of the expression "existing law" about the jurisdiction, powers, and authority of the Supreme Court under this chapter.
 
 
4. The organisational structure of the Supreme Court of India
 

The Supreme Court of India has a well-defined organizational structure, which includes the Chief Justice of India, other judges, and various administrative and supporting staff. 

Chief Justice of India (CJI)

  • The Chief Justice of India is the head of the Supreme Court.
  • The CJI is appointed by the President of India and is responsible for the overall functioning of the court.
  • The CJI presides over important matters, assigns cases to other judges, and represents the judiciary in various capacities.

Judges

  • The Supreme Court can have a maximum strength of 34 judges, including the Chief Justice.
  • Judges are appointed by the President of India based on recommendations from the collegium (a group of top judges).
  • Judges of the Supreme Court hear and decide cases, contribute to the formulation of legal principles, and may also be involved in administrative responsibilities.
  • Registry: The Registry is the administrative wing of the Supreme Court responsible for handling administrative and procedural aspects. It is headed by the Secretary-General, who is an officer appointed by the Chief Justice of India.
  • Court Officers and Staff: Various court officers and staff assist in the day-to-day functioning of the Supreme Court. This includes Registrars, Deputy Registrars, Assistant Registrars, and other administrative staff who manage the filing of cases, scheduling, and other administrative tasks.
  • Advocates and Legal Professionals: Advocates and legal professionals, including Senior Advocates and Advocates-on-Record, play a crucial role in presenting cases before the Supreme Court. Advocates-on-Record are registered practitioners who are eligible to file cases and plead on behalf of litigants.
  • Library and Research Staff: The Supreme Court library is an integral part of the institution, providing extensive legal resources to judges and legal professionals. Research staff may assist judges in legal research and analysis.
  • Security and Support Staff: The Supreme Court has security personnel to ensure the safety of the premises and those present. Support staff includes personnel responsible for maintenance, cleaning, and other logistical aspects.
  • Committees and Commissions: Various committees and commissions may be constituted by the Chief Justice or the Supreme Court for specific purposes, such as judicial reforms, ethics, or other administrative matters.
  • Supreme Court Bar Association (SCBA) is an association of lawyers who are authorized to practice in the Supreme Court. It plays a role in addressing the concerns of lawyers practising in the Supreme Court.
  • Legal Aid and Pro Bono Services: The Supreme Court may have mechanisms in place to provide legal aid to those who cannot afford legal representation.
  • Judicial Committees and Panels: Special committees or panels may be formed for specific tasks, inquiries, or recommendations related to the functioning of the judiciary.

 

5. The Process of appointment of Judges of the Supreme Court of India
 
According to Article 124(2) of the Constitution, 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.

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. 

 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.

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.

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 the 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 members 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 the Judges, whose kith and kin are practising 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 add 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.
 
 

6. About the 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.

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.
 
Article 124A created the NJAC, a constitutional body to replace the collegium system, Article 124B conferred the NJAC with the power to make appointments to Courts and Article 124C accorded express authority to Parliament to make laws regulating the manner of the NJAC's functioning.

 Recommendations 

  • Under the NJAC Act, the Chief Justice of India and Chief Justices of the HCs were recommended by the NJAC on seniority while SC and HC judges were recommended based on ability, merit and "other criteria specified in the regulations".
  • Notably, the Act empowered any two members of the NJAC to veto a recommendation if they did not agree with it.
  • In the collegium system, senior judges make appointments to the higher judiciary.

NJAC challenged

  • In early 2015, the Supreme Court Advocates-on-Record Association (SCAORA) fled a plea challenging the provisions which had by then become laws.
  • The SCAORA Contended in its petition that both the Acts were "Unconstitutional" and "invalid".
It argued that the 99th Amendment which provided for the creation of the NJAC took away the "Primacy of the collective opinion of the Chief Justice of India and the two Senior-most Judges of the Supreme Court of India" as their collective recommendation could be vetoed or "suspended by a majority of three non-Judge members".
 
  • It invoked the Second Judge Case to say that CJI primacy had to be protected.
  • It also stated that the amendment "severely" damaged the basic structure of the Constitution, of which the independence of the judiciary in appointing judges was an integral part.
 
7. The Way Forward
 
The Indian judiciary's journey from its inception to the current scenario reflects a dynamic evolution. The debate between the Collegium system and the proposed NJAC underscores the ongoing quest for a balanced, transparent, and accountable judicial appointment process in India. The complexities of this system highlight the need for continuous dialogue and potential reforms to uphold the judiciary's integrity and independence.
 
 
For Prelims: Collegium system, National Judicial Appointments Commission (NJAC), Supreme court, Article 124, 99th Constitutional Amendment Act
For Mains: 
1. Discuss the evolution of the Supreme Court of India from its inauguration in 1950 to the present day. How has its structure and capacity evolved to meet the changing demands of the legal landscape? (250 Words)
2. Examine the constitutional provisions that govern the Supreme Court of India. How do these provisions delineate the powers, jurisdiction, and composition of the Supreme Court? (250 Words)
3. What are the key features of the National Judicial Appointments Commission (NJAC) Act, and how did it differ from the Collegium system? (250 Words)
4. How does the appointment process of judges in the Supreme Court of India, emphasise the role of the Collegium system? What are the concerns associated with this system, and do you believe reforms are necessary? (250 Words)
 
Previous Year Questions
 
1. With reference to the Indian judiciary, consider the following statements: (UPSC 2021)
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
2. A High Court in India has the power to review its own judgment as the Supreme Court does.
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
 
 
2. In India, Judicial Review implies (UPSC 2017)
A. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders
B. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures
C. the power of the Judiciary to review all the legislative enactments before they are assented to by the President
D. the power of the Judiciary to review its own judgments given earlier in similar or different cases
 
 
3. Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, of 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of the total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct? 
A. 1 and 2           B. 3 only               C. 3 and 4 only                         D. 1, 3 and 4
4.The power to increase the number of judges in the Supreme Court of India is vested in (UPSC  2014)
A. the President of India
B. the Parliament
C. the Chief Justice of India
D. the Law Commission
5.The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (UPSC P 2014)
A. advisory jurisdiction
B. appellate jurisdiction.
C. original jurisdiction
D. writ jurisdiction
Answers: 1-A, 2-A, 3-C, 4-B, 5-C
 
 Source: The Indian Express
 

PURCHASING  MANAGERS INDEX (PMI)

 
 
1. Context
 
The HSBC India Flash Purchasing Manager’s Index (PMI) expanded to 60 points in April on increasing export orders, as against 59.5 in the previous month, S&P Global said in a statement. Services flash PMI increased to 59.1 from a final number of 58.5 from March 2025
 
 
2. What is the Purchasing Managers Index (PMI)?
 
The Purchasing Managers' Index (PMI) is an economic indicator that provides insights into the health of a country's manufacturing or services sector.
PMI is widely used by businesses, economists, and policymakers to gauge the economic performance and future trends in these sectors.
It is usually expressed as a numerical value that reflects the prevailing business conditions.
 
2.1. Key Aspects of PMI
  • PMI is typically calculated through surveys of purchasing managers in various industries. These managers are asked about their perception of different aspects of business activity, including new orders, production levels, employment, supplier deliveries, and inventories.
  • PMI is usually reported as a number between 0 and 100.
  • A PMI value above 50 generally indicates expansion in the sector, while a value below 50 suggests contraction. The farther the PMI is from 50, the stronger the perceived expansion or contraction.
  • PMI is considered a leading indicator because it provides insights into economic conditions before official economic data, such as GDP growth or employment figures, are released. It can be used to anticipate changes in economic activity.
  • PMIs are calculated separately for manufacturing and services sectors. A Manufacturing PMI focuses on the manufacturing sector, while a Services PMI provides insights into the services sector. These sector-specific PMIs can give a more detailed view of the economy.

Components: PMI is composed of several components, including:

  • New Orders: This component measures the number of new orders received by businesses. An increase in new orders often signals growing demand and economic expansion.
  • Production: This component reflects changes in production levels. An increase suggests increased economic activity.
  • Employment: The employment component indicates changes in the level of employment within the sector. An increase typically means job growth.
  • Supplier Deliveries: This measures the speed at which suppliers can deliver materials. Slower deliveries may indicate supply chain issues or increased demand.
  • Inventories: Inventory levels can be an indicator of expected demand. A decrease in inventories might suggest an expectation of rising demand.
3. Significance of PMI
  • The Purchasing Managers' Index (PMI) is a significant economic indicator with several important implications and uses
  • PMI serves as a barometer of the economic health of a country or region. A PMI above 50 generally indicates economic expansion, while a PMI below 50 suggests contraction.
  • This provides a quick and easily understandable snapshot of the direction of economic activity, making it a valuable tool for assessing the overall economic climate.
  • PMI is a leading indicator, meaning it often provides insights into economic conditions ahead of other official economic data, such as GDP growth or employment figures. As such, it is used by businesses, investors, and policymakers to anticipate changes in economic activity and make informed decisions
 
4. Way forward
Purchasing Managers' Index (PMI) is a valuable economic indicator that helps gauge the economic health and trends in the manufacturing and services sectors. It provides timely insights into business activity and is widely used by businesses and policymakers for decision-making and economic forecasting
 

 

Previous Year Questions

1.What does S & P 500 relate to? (UPSC CSE 2008)

(a) Supercomputer
(b) A new technique in e-business
(c) A new technique in bridge building
(d) An index of stocks of large companies

Answer: (d)
 
 
Source: The Hindu
 

PANCHAYAT RAJ INSTITUTIONS

 
 
1. Context
 
Recognising the significant role of panchayats in local governance, the government on April 9 launched the Panchayat Advancement Index (PAI) – “a key metric for assessing progress at the grassroots level and aiding in the formulation of localised strategies and targets for inclusive rural development”
 
2. Evolution of Panchayat raj institutions
 
  • Panchayati Raj Institutions (PRIs) play a pivotal role in promoting grassroots democracy and decentralised governance across rural India. These bodies, which represent the foundation of local self-governance, were formally recognised and empowered through the 73rd and 74th Constitutional Amendments in 1992, granting constitutional status to panchayats in rural areas and municipalities in urban regions.
  • However, the concept of local governance in India is not new—it has deep roots in the country's ancient traditions, with references found in the Vedas, Kautilya’s Arthashastra, the Mauryan period, and other historical texts.
  • Throughout India’s history, especially before and after gaining independence, the Panchayati Raj system has seen various transformations. During British rule, decentralisation efforts began with Lord Mayo’s 1870 resolution, which supported devolving financial and administrative powers to local levels for village and town development.
  • This was further advanced by Lord Ripon in 1882, whose reforms laid the groundwork for local self-government by suggesting that smaller administrative units be managed by local boards.
  • The Royal Commission on Decentralisation in 1909, led by Sir Henry William, evaluated the operations of these boards and highlighted major shortcomings like limited representation and insufficient authority.
  • The commission’s recommendations eventually influenced the Government of India Act of 1919. Post-independence, there was a renewed focus on decentralised governance to strengthen local self-rule.
  • On November 25, 1948, K. Santhanam, a Gandhian and a member of the Constituent Assembly, urged the Drafting Committee’s Chairman to incorporate provisions that supported this vision.
  • Consequently, the Indian Constitution included Article 40 under the Directive Principles of State Policy in Part IV. This article directs the state to facilitate the establishment of village panchayats and to empower them appropriately so that they may function as effective units of self-governance
 
3. Community development programme
 
 
  • The Community Development Programme, launched during India's First Five-Year Plan (1951–55), served as an early foundation for the later establishment of Panchayati Raj Institutions.
  • In the years following independence, the country confronted multiple socio-economic issues such as food shortages, widespread poverty, and high unemployment. This programme was introduced as a strategy to promote rural development by encouraging active participation from all sections of rural society.
  • Even before this initiative, India had experimented with several rural development efforts. Noteworthy examples include the Sriniketan Institute of Rural Reconstruction started by Rabindranath Tagore in 1922, Dr. Spencer Hatch’s Marthandam Project conducted through the YMCA in Kanyakumari, Tamil Nadu, and the Firka Development Scheme introduced by T. Prakasam in 1946 in the Madras Presidency.
  • The Community Development Programme aimed to improve agriculture (through land reforms and distribution of fertilisers and pesticides), expand irrigation (like well construction), build infrastructure such as roads, and control the spread of diseases. However, the programme fell short of expectations. Key obstacles included limited community involvement, excessive bureaucratic procedures, and widespread corruption.
  • A Planning Commission review revealed that the initiative failed to benefit small artisans and disproportionately favored regions with established irrigation and large landholders
 
4. Three-tier System
 
 
  • In response to the shortcomings of earlier rural development efforts, the government established a committee in 1957 led by Balwant Rai Mehta to propose reforms. The committee recommended devolving administrative authority across multiple levels—from villages up to districts.
  • It introduced a three-tier framework comprising Village Panchayats at the base, Panchayat Samitis at the intermediate (block or taluk) level, and Zilla Parishads at the district level. Rajasthan was the first state to adopt this model on October 2, 1959, followed by Andhra Pradesh in November of the same year.
  • Despite these steps, issues persisted in the implementation and effectiveness of the system. To address these, another committee was set up in 1977 under the leadership of Ashok Mehta during the Janata Party’s rule—the first non-Congress government. This committee suggested replacing the three-tier model with a two-tier arrangement consisting of Mandal Panchayats at the grassroots and Zilla Parishads at the district level.
  • The Ashok Mehta Committee also emphasized the need to reserve seats for Scheduled Castes and Scheduled Tribes in proportion to their population to ensure their fair representation.
  • A key recommendation was allowing political parties to participate in Panchayati Raj governance. However, these proposals saw limited execution, mainly due to challenges like financial constraints and the complexity of ensuring uniformity in a diverse nation.
  • In the years that followed, various other committees were set up to periodically review the state of Panchayati Raj Institutions. These included the Hanumantha Rao Committee (1983), G.V.K. Rao Committee (1985), L.M. Singhvi Committee (1986), P.K. Thungan Committee (1989), and Harlal Singh Kharra Committee (1990)
 
5. Evolution of Local Governance
 
 
  • Starting in the late 1980s, the government made multiple efforts to constitutionally empower the Panchayati Raj Institutions. Although constitutional amendment bills were introduced in 1989, 1990, and 1991, it was only during Prime Minister P.V. Narasimha Rao’s administration that success was achieved. In December 1992, both Houses of Parliament passed the constitutional amendment, which was subsequently ratified by 17 state legislatures.
  • This historic development led to the inclusion of two new sections in the Indian Constitution: Part IX, dedicated to 'The Panchayats,' and Part IX-A, addressing 'The Municipalities.' As per the Ministry of Panchayati Raj's Annual Report for 2024–25, the country currently has 2,55,397 gram panchayats, 6,742 block-level panchayats, and 665 zilla (district) panchayats.
  • To measure how effectively Panchayati Raj Institutions are functioning across states, the government developed the Panchayat Devolution Index. This index evaluates local governance performance based on criteria like financial management, transparency, institutional capacity, and more.
  • Initially based on a concept by V.N. Alok and Laveesh Bhandari in 2004, the index focused on three key aspects: Functions, Finances, and Functionaries (the 3Fs). It was later expanded to include Capacity Building, Accountability, and Institutional Framework.
  • In the most recent edition of the Panchayat Devolution Index, Karnataka emerged as the leading state, with Kerala, Tamil Nadu, and others following closely.
  • The Ministry of Panchayati Raj released these rankings based on research conducted by the Indian Institute of Public Administration (IIPA). The findings also highlighted persistent issues such as limited financial independence, funding shortages, lack of transparency, human resource gaps, challenges in conducting elections, and updating electoral rolls.
  • To improve the operational efficiency of Panchayats, the Ministry also launched the e-Gram Swaraj platform. However, low levels of digital literacy among stakeholders have limited the platform’s effectiveness.
  • Such barriers continue to impede the full potential of Panchayati Raj Institutions in executing government-led socio-economic development initiatives at the grassroots level
 
 
For Prelims: Panchayat Raj institutions, Local Governance
 
For Mains: GS II - Indian Polity & Governance
 

 

Previous year Question

 
1. Consider the following statements: (UPSC 2016)
1. The minimum age prescribed for any person to be a member of Panchayat is 25 years.
2. A Panchayat reconstituted after premature dissolution continues only for the remainder period.
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: B
 
2. In areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha? (UPSC 2012)
1. Gram Sabha has the power to prevent the alienation of land in the Scheduled Areas.
2. Gram Sabha has the ownership of minor forest produce.
3. Recommendation of Gram Sabha is required for granting a prospecting license or mining lease, for any minerals in the Scheduled Areas.
Which of the statements given above is/are correct?
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B
 
3.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective? (UPSC 2013)
A. To provide self-governance
B. To recognize traditional rights
C. To create autonomous regions in tribal areas
D. To free tribal people from exploitation
Answer: C
 
 
Source: The Hindu
 
 

TRADEMARK

 

1. Context

 THE DELHI High Court Tuesday directed Baba Ramdev’s Patanjali to immediately pull down all its advertisements allegedly referring to Hamdard’s popular drink Rooh Afza as “Sharbat Jihad,” saying they “shocked the conscience of the court”. “I couldn’t believe my eyes and ears,” Justice Amit Bansal, who was hearing the case, said about Patanjali’s videos.

2. What is the dispute?

  • The manufacturers of 'Rooh Afza' moved an appeal against the rejection of its application seeking an interim injunction against Sadar Laboratories Pvt. Ltd. for their product 'Dil Afza'.
  • The appellant stated before the court that the trademark 'Rooh Afza' is a highly reputed mark in the market with regard to sharbat (sweet beverage).
  • Furthermore, it was claimed about of the product 'Dil Afza' is deceptively similar to the get-up and trade dress of the appellant's product.

3. What is a Trademark?

  • Trademark refers to the graphical representation of goods or services to make them distinguishable from others.
  • It can be words, symbols, sounds, colors, the shape of goods, graphics representation or packaging, etc.
  • It protects the owner against unfair competition and prevents damage to the reputation of the owner and consumer welfare.
  • In India, trademarks are governed under the Trademarks Act, 1999 (it deals with the precise nature of rights one can acquire in respect of trademarks), under the aegis of the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce.
  • The implementing body is the Controller General of Patents, Designs, and Trademarks.

3.1 Trademark Act, 1999

  • Trademark Act, of 1999 was implemented by the government of India by complying with TRIPS obligation recommended by the World Trade Organisation.
  • The Trademark Act, of 1999 gives the right to police to arrest in case of infringement of the trademark. The Act gives a complete definition for the term infringement which is frequently used.
  • The act was amended in the year 2010 to include the provisions of International Registration of Trademarks, wherein the entire chapter 4A was included in the Act.
  • The act was bought in consonance with the Madrid Protocol, which was adopted in 1989 by World Intellectual Property Organisation (WIPO). 

3.2 Refusal of registration

Section 11 of the Act, gives relative grounds for the refusal of registration of a trademark.
A trademark cannot be registered because of (i) Its identity with an earlier trademark and similarity of goods and services, (ii) its similarity to an earlier trademark and the similarity of the goods, and confusion is probable.
 
3.3 Section 29
  • Section 29 of the Trademark Act 1999 deals with trademark infringement. It says that if a person uses the same trademark which is registered by another company or person and creates confusion in the minds of people, they will be liable for trademark infringement.
  • Difference between Passing Off and Trademark infringement.
  • Trademark protects registered goods and services whereas Passing Off protects unregistered goods and services.
  • Passing off is a common law remedy whereas Trademark infringement is a statutory remedy.
4. Madrid Protocol
  • India Parliament has passed the Trade Marks (Amendment) Bill, 2009 for enacting special provisions relating to the protection of trademarks through international registration under the Madrid Protocol.
  • As per the Amendment Bill, from the date of the international registration of a trademark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection resulting from an international registration of a trademark to India, the protection of the trademark in India shall be the same as if the trademark had been registered in India.
  • The Amendment bill is yet to be notified. India acceded to this protocol in 2013.
5. Courts verdict
  • A Division bench of the Delhi High Court restrained the respondent (Sadar Laboratories Pvt. Ltd.) from manufacturing and selling any product under the trademark 'Dil Afza' till the final disposal of the trademark infringement suit.
  • The court held that "it is not difficult to conceive that a person who looks at the label of 'Dil Afza' may recall the label of 'Rooh Afza' as the word 'Afza' is common and the meaning of the words 'Rooh' and 'Dil', when translated in English, are commonly used in conjunction.
  • The court also said that as the product is a low-priced consumable item, "the average customer would not deliberate on the details of the product as one would do while taking a high-value investment decision.

6. Strong Trademark

A mark is said to be strong when it is well-known and has acquired a high degree of goodwill. The degree of the protection of any trademark changes with the strength of the mark; the stronger the mark, the higher the requirement to protect it.
 
 
 
For Prelims: Trademark, Trademark Act 1999, Section 29 of trademark Act, Madrid Protocol.
For Mains: 1. What is Intellectual property and Explain the need for Intellectual property rights? Discuss the legislative structure to protect IPRs in India (250 Words)
 
Source: The Hindu
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