IMPEACHMENT OF A JUDGE
1.Context
Lok Sabha Speaker Om Birla has reconstituted the three-member inquiry committee tasked with examining the grounds for the removal of Justice Yashwant Varma. The committee was originally constituted in March last year following demands for Justice Varma’s removal after bundles of burnt cash were allegedly discovered at his residence.
2. Impeachment of a Judge
- The impeachment of a judge is a formal process by which a judge is removed from office for misconduct or incapacity. It is a serious matter that requires a high degree of evidence and a rigorous legal process.
- In India, the impeachment process is governed by the Judges Inquiry Act, 1968. The process can be initiated by either the Lok Sabha (lower house of Parliament) or the Rajya Sabha (upper house of Parliament). To initiate the process, a minimum of 100 members of the Lok Sabha or 50 members of the Rajya Sabha must sign a notice.
- Once the notice is received, a motion for impeachment is moved in the respective house. If the motion is passed by a special majority (two-thirds of the members present and voting), the matter is referred to a committee of inquiry. The committee investigates the allegations against the judge and submits a report to the respective house.
- If the committee finds the allegations to be true, the house can pass a resolution for the removal of the judge. The resolution must also be passed by a special majority in the other house. Finally, the President of India issues an order removing the judge from office.
- The impeachment process is a complex and lengthy one. It is designed to ensure that judges are held accountable for their actions, but also to protect them from frivolous or politically motivated attacks
3. Procedure for Impeachment
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Initiation:
- A motion must be signed by:
- 100 Members of Lok Sabha, or
- 50 Members of Rajya Sabha.
- The motion is submitted to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
- A motion must be signed by:
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Preliminary Inquiry:
- The Speaker/Chairman decides whether to admit the motion.
- If admitted, a three-member committee is constituted to investigate. This committee consists of:
- A Supreme Court judge.
- A High Court Chief Justice.
- A distinguished jurist.
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Investigation by the Committee:
- The committee examines evidence and determines whether the charges are valid.
- If charges are proven, the process continues in Parliament.
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Parliamentary Approval:
- Both Houses of Parliament must approve the motion with a special majority:
- A majority of the total membership of the House.
- A majority of not less than two-thirds of members present and voting.
- Both Houses of Parliament must approve the motion with a special majority:
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Presidential Assent:
- Once both Houses approve, the motion is sent to the President.
- The President orders the judge's removal.
4. Instances of Judge Impeachment Process in India
Justice V. Ramaswami (Supreme Court Judge, 1993)
- Allegations:
Misuse of office, including extravagant spending on official residence and irregularities in financial matters. - Process:
- An inquiry committee was set up, which found him guilty of several charges.
- However, the impeachment motion in the Lok Sabha failed as the Congress Party abstained from voting, preventing the required special majority.
- Outcome:
Justice Ramaswami was not removed but became the first judge against whom impeachment proceedings were initiated.
Justice Soumitra Sen (Calcutta High Court, 2011)
- Allegations:
Misappropriation of funds while acting as a court-appointed receiver in 1993, prior to his appointment as a judge. - Process:
- An impeachment motion was passed in the Rajya Sabha with a majority.
- Before the Lok Sabha could vote, Justice Sen resigned, making the impeachment process moot.
- Outcome:
Justice Sen avoided impeachment by resigning.
Justice Dipak Misra (Chief Justice of India, 2018)
- Allegations:
Misuse of authority, including irregularities in assigning cases and other charges. - Process:
- An impeachment motion was signed by 71 members of the Rajya Sabha and submitted to the Chairman.
- The Rajya Sabha Chairman, Venkaiah Naidu, rejected the motion, stating it lacked substantial merit.
- Outcome:
The impeachment did not proceed
5. Different Majority rules in the Indian Parliament
The Indian Parliament employs various majority rules to ensure that decisions are made with the necessary level of consensus and support. Here are the different types of majorities used:
Types of Majority Rules in Indian Parliament:
Simple Majority (50% + 1)
- Most common voting procedure
- Requires more than half of the members present and voting
- Used for:
- Passing ordinary legislation
- Routine parliamentary decisions
- No-confidence motions
- Most day-to-day parliamentary proceedings
Absolute Majority
- Requires support of more than 50% of the total membership of the house
- Includes members not just present, but the entire strength of the house
- Used for:
- Passing money bills
- Confidence motions
- Electing the Speaker of Lok Sabha
- Removing the Speaker from office
Special Majority (Special Majority Rules) a) Two-thirds Majority
- Requires support of two-thirds of members present and voting
- Used for:
- Constitutional amendments
- Impeachment of President
- Declaring a national emergency
- Passing certain critical resolutions
b) Special Majority in Rajya Sabha
- Requires a special majority for certain constitutional amendments
- Needs majority of total membership AND two-thirds of members present and voting
Qualified Majority
- Specific percentage of total membership required
- Often used in specific constitutional provisions
- Typically ranges between 50-66% depending on the specific constitutional requirement
Effective Majority
- Considers actual voting strength after subtracting abstentions
- Relevant in scenarios with multiple parties and complex parliamentary dynamics
Weighted Majority
- Less common, but used in some specific parliamentary procedures
- Gives different weights to votes based on certain predefined criteria
Important Considerations:
- Quorum requirements must be met for voting
- Voting can be by voice vote, division (counted vote), or ballot
- Electronic voting has been introduced in recent years
- Presiding officer has significant discretion in interpreting majority rules
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For Prelims: Article 368 (most amendments, except for a few requiring ratification by states)
For Mains: GS Paper II - Governance, Constitution, and Judiciary
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Source: The Hindu
CRITICAL MINERALS
1. Context
Three years ago, and at the start of India’s G-20 presidency, critical minerals barely featured as a strategic topic in policy thinking. As recently as August 2023, several critical minerals, including lithium, were still classified as atomic minerals, effectively barring private exploration and mining. But the latest Union Budget shows that something critical has shifted in India’s thinking.
2. What are Critical Minerals?
Critical minerals are raw materials that are essential for economic and national security, but whose supply may be at risk due to geological scarcity, geopolitical issues, trade policy, or other factors
Critical minerals are typically defined by governments or organizations based on their importance to the economy and the potential risks to their supply
- Rare Earth Elements (REEs): neodymium, dysprosium, terbium
- Lithium
- Cobalt
- Graphite
- Gallium
- Indium
- Tungsten
- Platinum Group Metals (PGMs)
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3. Why are critical minerals important?
- Minerals such as copper, lithium, nickel, and cobalt, along with certain rare earth elements, are considered critical due to their essential role in the global transition to greener and cleaner energy sources.
- According to the International Energy Agency (IEA), the demand for lithium surged by 30% in 2023, with nickel, cobalt, graphite, and rare earth elements experiencing growth between 8% and 15%, collectively valued at $325 billion.
- The IEA's Global Critical Minerals Outlook 2024 report indicates that achieving the world's goal of limiting global warming to 1.5 degrees Celsius within a net-zero emissions framework will necessitate a significant increase in demand for these minerals.
- By 2040, copper demand is projected to rise by 50%, nickel, cobalt, and rare earth elements by 100%, graphite by 300%, and lithium by 800%, which is vital for battery production.
- Developing sustainable supply chains for these minerals is therefore crucial. In India, the absence of readily available reserves has led to complete import dependence for minerals such as lithium, cobalt, and nickel.
4. What is being done to spur production?
- Although India possesses natural reserves of several critical minerals, they remain largely unexplored and untapped. For example, despite holding 11% of the world's ilmenite deposits, which is the primary source of titanium dioxide used in numerous applications, India still imports a billion dollars' worth of titanium dioxide annually, as noted by former Mines Secretary Vivek Bharadwaj.
- Additionally, the "lucky" discovery of lithium reserves in the Union Territory of Jammu and Kashmir (J&K) by the Geological Survey of India (GSI) while exploring for limestone has raised hopes for achieving some level of self-sufficiency in lithium. Announced in February as India's first lithium find, these reserves are estimated at 5.9 million tonnes, prompting the government to expedite their extraction.
- Recognizing the risks of relying on a limited number of countries for these minerals and their processing, the central government amended the Mines and Minerals (Development and Regulation) Act, 1957 in August 2023 to allow mining concessions for 24 critical and strategic minerals.
5. Way Forward
The list of what's considered "critical" can vary by country and change over time based on technological developments and geopolitical situations. The management of critical minerals is an ongoing challenge that requires balancing economic needs, environmental concerns, and geopolitical realities
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For Prelims: Critical minerals, Ministry of Mines, carbon emissions, cleaner energy, lithium, cobalt, nickel, graphite, tin, copper, Selenium, Cadmium, Centre of Excellence on critical minerals, Australia's CSIRO, Geological Survey of India,
For Mains:
1. What are critical minerals? Discuss their significance for a country's economic development and national security. Explain how the identification of critical minerals helps in reducing import dependency and ensuring resource security. (250 Words)
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Previous Year Questions
1. With reference to the mineral resources of India, consider the following pairs: (UPSC 2010)
Mineral 90%Natural sources in
1. Copper Jharkhand
2. Nickel Orissa
3. Tungsten Kerala
Which of the pairs given above is/are correctly matched?
A. 1 and 2 only B. 2 only C. 1 and 3 only D. 1, 2 and 3
Answer: B
2. Recently, there has been a concern over the short supply of a group of elements called 'rare earth metals.' Why? (UPSC 2012)
1. China, which is the largest producer of these elements, has imposed some restrictions on their export.
2. Other than China, Australia, Canada and Chile, these elements are not found in any country. 3. Rare earth metals are essential for the manufacture of various kinds of electronic items and there is a growing demand for these elements.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: C
3. In India, what is the role of the Coal Controller's Organization (CCO)? (UPSC 2022)
1. CCO is the major source of Coal Statistics in Government of India.
2. It monitors progress of development of Captive Coal/Lignite blocks.
3. It hears any objection to the Government's notification relating to acquisition of coal-bearing areas.
4. It ensures that coal mining companies deliver the coal to end users in the prescribed time. Select the correct answer using the code given below:
A. 1, 2 and 3 B. 3 and 4 only C. 1 and 2 only D. 1, 2 and 4
Answer: A
4. Which of the following statements best describes the term 'Social Cost of Carbon'? It is a measure, in monetary value, of the (UPSC 2020)
A. long-term damage done by a tonne of CO2 emission in a given year.
B. requirement of fossil fuels for a country to provide goods and services to its citizens, based on the burning of those fuels.
C. efforts put in by a climate refugee to adapt to live in a new place.
D. contribution of an individual person to the carbon footprint on the planet Earth.
Answer: A
5. Direction: It consists of two statements, one labelled as ‘Statement (I)’ and the others as ‘Statement (II)’. You are to examine these two statements carefully and select the answer using the codes given below: (UPSC ESE 2018)
Statement (I): Green energy refers to one which does not harm the ecosystem of planet earth. Statement (II): All renewable energy is green energy.
A. Both Statement (I) and Statement (II) individually true and Statement (II) is the correct explanation of Statement (I)
B. Both statement (I) and Statement (II) are individually true, but Statement (II) is not the correct explanation of Statement (I)
C. Statement (I) is true, but Statement (II) is false
D. Statement (I) is false, but Statement (II) is true
Answer: C
6. Which type of battery is used in the recently launched world's first fully electric cargo ship by change? (Delhi Police Constable 2017)
A. Lead Acid B. Manganese C. Lithium ion D. Nickel metal hydride
Answer: C
7. White gold is an alloy of (UPSC CAPF 2022)
A. gold, nickel and palladium
B. gold, cobalt and palladium
C. gold, titanium and platinum
D. gold, magnesium and palladium
Answer: A
8. Graphene is frequently in news recently. What is its importance? (UPSC 2012)
1. It is a two-dimensional material and has good electrical conductivity.
2. It is one of the thinnest but strongest materials tested so far.
3. It is entirely made of silicon and has high optical transparency.
4. It can be used as 'conducting electrodes' required for touch screens, LCDs and organic LEDs. Which of the statements given above are correct?
A. 1 and 2 only B. 3 and 4 only C. 1, 2 and 4 only D. 1, 2, 3 and 4
Answer: C
9. Graphite and diamonds are__________. (WBCS Prelims 2020)
A. isotopes B. isomers C. isotones D. allotropes
Answer: D
10. Consider the following statements: (UPSC 2020)
1. Coal ash contains arsenic, lead and mercury.
2. Coal-fired power plants release sulphur dioxide and oxides of nitrogen into the environment. 3. High ash content is observed in Indian coal.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 3 only D. 1, 2 and 3
Answer: D
11. Which of the following can be found as pollutants in the drinking water in some parts of India? (UPSC 2013)
1. Arsenic
2. Sorbitol
3. Fluoride
4. Formaldehyde
5. Uranium
Select the correct answer using the codes given below.
A. 1 and 3 only B. 2, 4 and 5 only C. 1, 3 and 5 only D. 1, 2, 3, 4 and 5
Answer: C
12. In the context of solving pollution problems, what is/are the advantage/advantages of the bioremediation technique? (UPSC 2017)
1. It is a technique for cleaning up pollution by enhancing the same biodegradation process that occurs in nature.
2. Any contaminant with heavy metals such as cadmium and lead can be readily and completely treated by bioremediation using microorganisms.
3. Genetic engineering can be used to create microorganisms specifically designed for bioremediation.
Select the correct answer using the code given below:
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: C
13. Due to improper/indiscriminate disposal of old and used computers or their parts, which of the following are released into the environment as e-waste? (UPSC 2013)
1. Beryllium
2. Cadmium
3. Chromium
4. Heptachlor
5. Mercury
6. Lead
7. Plutonium
Select the correct answer using the codes given below.
A. 1, 3, 4, 6 and 7 only B. 1, 2, 3, 5 and 6 only
C. 2, 4, 5 and 7 only D. 1, 2, 3, 4, 5, 6 and 7
Answer: B
14. When was the Geological Survey of India (GSI) of India founded? (UPRVUNL Staff Nurse 2021)
A. 1851 B. 1951 C. 1871 D. 1931
Answer: A
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Source: The Hindu
GDP AND GVA
1. Context
The new series of national accounts data to be released on Friday will incorporate several methodological and statistical upgrades that will make India’s Gross Domestic Product (GDP) and Gross Value Added (GVA) data more accurate and granular, an analysis of the various changes being implemented shows..
2. GDP and GVA
- GDP and GVA are two main ways to ascertain the country's economic performance. Both are measures of national income.
- The GDP measures the monetary measure of all "final" goods and services that are bought by the final user produced in a country in a given period.
- The GDP does this by adding up the total expenditures in the economy; in other words, it looks at who spent how much. That is why GDP captures the total "demand" in the economy.
Broadly speaking there are four key "engines of GDP growth". These are
- All the money Indians spent on their private consumption (that is, Private Final Consumption Expenditure or PFCE).
- All the money the government spent on its current consumption, such as salaries (Government, Final Consumption Expenditure or GFCE).
- All the money is spent towards investments to boost the economy's productive capacity. This includes business firms investing in factories or the governments building roads and bridges (Gross Fixed Capital Expenditure).
- The net effect of exports (What foreigners spent on our goods) and imports (what Indians spent on foreign goods) (Net Exports or NE).
- The GVA calculates the same national income from the supply side.
- It does so by adding up all the value added across different sectors.
| According to the RBI, the GVA of a sector is defined as the value of output minus the value of its intermediary inputs. This "value added" is shared among the primary factors of production, labour and capital. |
- By looking at GVA growth one can understand which sector of the economy is robust and which is struggling.
3. How are the two related?
- When looking at quarterly it is best to look at GVA data because this is the observed data.
- The GDP is derived by looking at the GVA data.
| The GDP and GVA are related by the following equation; GDP= (GVA)+ (Taxes earned by the Government)- (Subsidies provided by the government). |
- As such, if the taxes earned by the government are more than the subsidies it provides, the GDP will be higher than GVA.
- Typically, that is how it is. For the second quarter too, the GDP (at 38, 16, 578 crores) is much higher than the GVA (Which is at Rs 35, 05, 5999 crores).
- The GDP data is more useful when looking at annual economic growth and when one wants to compare a country's economic growth with its past or with another country.
4. GVA data
4.1 Manufacturing sector
- It is a contraction in the manufacturing sector. In Q2, manufacturing GVA declined by 4.3 per cent.
- This is significant because manufacturing carries a huge potential for job creation and can soak up excess labour from the agriculture sector.
- The contraction has meant that manufacturing GVA has grown by just 6.3 per cent over the three years since the Covid pandemic; look at the change between FY23 and FY20 in the Chart.
- However, it would be a mistake to believe that only Covid and its after-effects are responsible for the lacklustre manufacturing performance.
- The fact is, as borne by the data, manufacturing GVA grew by just 10.6 per cent between FY 17 and FY20.
- For perspective, it is important to remember that between FY14 and FY17, manufacturing GVA grew by 31.3 per cent.
- In other words, Indian manufacturing has been struggling to add value for the past six years.
- This would explain why data from the Centre for Monitoring Indian Economy (CMIE) shows that jobs in the manufacturing sector halved between 2016 and 2020.
4.2 Trade and hotels
- Almost 15 per cent growth in services such as trade and hotels etc.
- This is also a huge sector for job creation. But again, if one looks at the Q2FY23 level and compares it to the pre-Covid level (Q2 of FY20), the growth is barely over 2 per cent.
- That this sector grew by over 26 per cent in the three years between FY17 and FY20 when India was experiencing a serious economic declaration shows how badly it has been affected by the Covid disruption.
4.3 Mining and quarrying
- Another sector crucial for job creation, even though it is smaller in terms of overall contribution to India's GVA, is mining and quarrying it, too, has contracted by almost 3 per cent.
- Looking back over the past six years, it has contracted by 3.5 per cent between FY17 and FY20 and grown by just 2.5 per cent since then.
4.4 Agriculture
- One positive story emerging from the GVA pertains to agriculture (along with forestry and fishing), which has done better than expected by growing at 4.6 per cent.
- Typically, this is a good growth rate for this sector and has happened despite some worries that the sowing of crops did not happen in time.
- Overall, while the GVA has grown by 5.6 per cent year-on-year, the growth is just 7.6 per cent when compared to the pre-Covid level set in FY20.
5. GDP data
5.1 Private Consumption Expenditure
- GDP is the biggest engine of growth in private consumption expenditure.
- It typically contributes over 55 per cent of India's total GDP.
- This component is also crucial because if this is depressed, it robs the business of any incentive to make fresh investments; and expenditures towards investments are the second biggest contributors to the GDP, accounting for around 33per cent of the total.
- Data shows that private consumption has grown by a healthy 9.7 per cent over the past year.
- However, the growth is relatively modest just 11 per cent when compared over the last three years.
- That between FY 14 and FY17, this component grew by almost 28 per cent providing some perspective.
5.2 Investment expenditure
- The investment expenditures have grown by 10.4 per cent over FY21 and by almost 21 per cent between FY20 and FY23.
- This is the best growth over any three years going back to FY14.
- This suggests brighter prospects for the economy over the medium term.
5.3 Government final consumption expenditures
- The biggest surprise though from the GDP is the contraction in government final consumption expenditures.
- While these types of expenditures account for just about 10-11 per cent of the GDP, they can prop up an economy during tough times when people and businesses hold back spending.
- Oddly enough, data shows that not only did government consumption expenditure contract by 4.4. per cent in Q2 (Over the Q2 of 2021), but that it is almost 20 per cent below the pre-covid level.
5.4 Net Exports data
- The last component of the GDP equation is the Net Exports data.
- Typically, since India imports far more than it exports, the NX value is negative.
- In Q2, this negative value swelled by 89 per cent.
- Over the past three years, this drag on GDP has also increased in size by almost 150 per cent.
For Prelims and Mains
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For Prelims: GDP, GVA, India's economic growth data, Net Exports data, Centre for Monitoring Indian Economy (CMIE), Government final consumption expenditures, Investment expenditure, Private Consumption Expenditure, Mining and quarrying, Agriculture, Trade and hotels, Manufacturing sector,
For Mains:
1. What is the difference between GDP and GVA and discuss their contributions to National development? (250 Words)
2. What are the engines of GDP growth? Explain the factors influencing economic growth. (250 Words)
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Previous Year Questions
1.With reference to Indian economy, consider the following statements: (UPSC GS1, 2015)
1. The rate of growth of Real Gross Domestic Product has steadily increased in the last decade. 2. The Gross Domestic Product at market prices (in rupees) has steadily increased in the last decade. 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.A decrease in tax to GDP ratio of a country indicates which of the following? (UPSC GS1, 2015)
1. Slowing economic growth rate 2. Less equitable distribution of national income Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer (a)
UPSC Mains Question
1.Define potential GDP and explain its determinants. What are the factors that have been inhibiting India from realizing its potential GDP? (UPSC GS3, 2020) 2.Explain the difference between computing methodology of India’s Gross Domestic Product (GDP) before the year 2015 and after the year 2015. (UPSC GS3, 2021) |
Source: The Indian Express
INDIAN JUDICIARY
1. Context
The new Social Science textbook for Class 8, released by the National Council of Educational Research and Training (NCERT) on Monday, includes a section on “corruption in the judiciary” as part of a chapter on “The role of the judiciary in our society”
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.
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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.
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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)
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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
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Source: The Indian Express
LANGUAGE LEARNING MODEL (LLM)
1. Context
At the AI Impact Summit, the Bengaluru-based startup Sarvam AI released two Large Language Models (LLMs), which are the foundation for AI systems that power services like Google’s Gemini and OpenAI’s ChatGPT. The two models were trained on 35 billion and 105 billion parameters respectively, and were less power- and compute-intensive than comparable models, while demonstrating improvements over other models in Indian languages, Pratyush Kumar, a Sarvam co-founder said.
2. What are Language Learning Models (LLM)?
- Language Learning Models, more commonly referred to as Large Language Models (LLMs), are a type of artificial intelligence system designed to understand and generate human language.
- They are built to read text, identify patterns in how language is used, and then produce responses that are coherent and contextually relevant. The term “large” refers to the enormous amount of data they are trained on, as well as the vast number of parameters—mathematical values—that help them process and predict language.
- At their core, these models work by learning from examples. During training, they are exposed to massive collections of text drawn from books, articles, research papers, and other publicly available material.
- Instead of memorizing specific answers, they learn the statistical relationships between words. In simple terms, they learn how likely one word is to follow another in a given context. Over time, this ability to predict the next word in a sentence becomes highly refined, allowing the model to generate complete paragraphs, essays, summaries, translations, or even computer code.
- Modern language models are typically built using a neural network architecture known as the Transformer. This design allows the system to pay attention to the relationships between words in a sentence, even if those words are far apart.
- Because of this, the model can understand context better than earlier language-processing systems. For example, it can distinguish between different meanings of the same word depending on how it is used in a sentence, and it can maintain coherence across longer passages of text.
- Although these models can appear intelligent, they do not truly “understand” language in the human sense. They do not possess consciousness, personal experiences, or emotions.
- Their responses are generated based on learned patterns rather than genuine comprehension. This means they can sometimes produce incorrect or misleading information, especially if the training data contained errors or biases.
- Language Learning Models have become important because they change the way humans interact with technology. Instead of using rigid commands or technical instructions, users can communicate naturally in everyday language.
- This has applications in education, business, governance, research, customer service, and many other fields. By enabling machines to process and generate language fluently, these models act as powerful tools that assist with writing, problem-solving, and information analysis.
3.How are LLM are Trained ?
- Large Language Models are developed and deployed using clusters of high-performance Graphics Processing Units (GPUs). The expense of procuring these GPUs, combined with the substantial electricity required to operate them for extended training periods, often amounts to several million dollars.
- Equally critical to this process is access to vast volumes of data, much of which is sourced from the internet. However, online content is far more abundant in English, European languages, and East Asian languages such as Korean and Japanese, compared to most Indian languages.
- This imbalance creates a dual difficulty for building LLMs within India using domestic funding.
- First, the limited availability of high-quality data in Indian languages means that many models either deliver weaker performance in these languages or consume additional computational resources—often translating user inputs into English for processing and then translating responses back into the original language.
- Although machine translation for Indian languages has improved significantly and is frequently relied upon to enhance output quality, this approach is not always optimal.
- Second, financial constraints present another barrier. Developing and training large-scale language models requires significant capital investment, which can be difficult for Indian companies to justify, particularly in the absence of clear and immediate commercial applications tailored to local markets.
- Dependence on translation layers also poses practical challenges for developers aiming to promote indigenous LLMs.
- For instance, locally developed models such as Sarvam’s 35-billion-parameter system—demonstrated at a summit research symposium and adapted for use on feature phones—may face limitations if their performance in Indian languages is not robust. Such shortcomings can affect user experience, adoption rates, and overall effectiveness in real-world applications
4. Government Initiatives
- Under the IndiaAI Mission, the government has supported domestic AI development by facilitating large-scale computing infrastructure within the country.
- More than 36,000 GPUs have been deployed across data centres run by Indian companies such as Yotta, enabling researchers and startups to undertake model training and inference at concessional rates.
- As part of this initiative, Sarvam was provided access to 4,096 GPUs from a shared national compute facility, with government support for this effort estimated at nearly ₹100 crore.
- The total infrastructure cost of this GPU cluster is reported to be around ₹246 crore, though the resources are expected to remain available for broader use beyond a single project.
- The Ministry of Electronics and Information Technology has promoted indigenous LLM development for multiple strategic reasons. A central concern is that models created abroad may lack both the incentive and the contextual depth needed to effectively support India’s diverse linguistic landscape.
- Additionally, building domestic capacity to train and deploy large language models is viewed as essential for strengthening India’s broader artificial intelligence ecosystem and nurturing homegrown expertise.
- In this context, Sarvam’s unveiling of its two language models marks an important milestone in India’s efforts to build a high-performance yet cost-efficient LLM. The government appears keen to replicate the kind of cost innovation seen when China’s DeepSeek introduced its R1 model, which was rapidly adopted across the AI sector for reducing training and inference expenses without sacrificing performance quality. Policymakers hope to encourage a similar competitive advantage in India
5. Way Forward
An important advancement for AI systems designed to operate efficiently in local environments has been the development of the Mixture of Experts (MoE) architecture. Early large language models were built with hundreds of billions—or even more than a trillion—parameters, and during inference they generally relied on activating the entire network of parameters to generate responses. This approach significantly increased computational costs and made each query resource-intensive.
In contrast, the MoE framework improves efficiency by engaging only a selected subset of the model’s parameters for any given task. By activating just a portion of the overall network rather than the whole system, MoE-based models can process requests more quickly while reducing computational load and operational expenses
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For Prelims: Current events of national and international importance
For Mains: GS-III: Awareness in the fields of IT, Space, Computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights.
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Previous Year Questions
1.With the present state of development, Artificial Intelligence can effectively do which of the following? (UPSC CSE 2020) 1. Bring down electricity consumption in industrial units 2. Create meaningful short stories and songs 3. Disease diagnosis 4. Text-to-Speech Conversion 5. Wireless transmission of electrical energy Select the correct answer using the code given below: (a) 1, 2, 3 and 5 only (b) 1, 3 and 4 only (c) 2, 4 and 5 only (d) 1, 2, 3, 4 and 5 Answer (b) (b) 1, 3, and 4 only Explanation:
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Source: The Hindu
