GS-II

1. Judicial Appointments

News: “The Collegium and changes — it may still be early days.”

(The Hindu, Page no. 6)

(Syllabus – Structure of Judiciary, Separation of Powers)

• Art. 124 & Art. 217 of Indian Constitution deal with the appointment of judges to higher judiciary.

Qualifications for Judge of the Supreme Court:

• According to Constitution of India: 
  • A person must be a citizen of India.  o Have been a High Court judge for at least five years.  o Have been a High Court advocate for at least 10 years. 
  • Be considered a distinguished jurist by the President.

Collegium System:

1. For appointment and transfer of judges in the higher judiciary in India. 
2. For Supreme Court (SC) appointments: collegium consists of CJI plus 4 senior-most Supreme Court judges. 
3. For High Court appointments: collegium consists of CJI plus 2 senior-most Supreme Court judges. 
4. CJI after consultation with collegium recommends to President for an appointment. 
5. Supreme Court Judges retire upon attaining the age of 65 years.

Evolution of Collegium 

• The constitution provides that:
  • Judges to the Supreme Court are to be appointed by the President of India in consultation with the CJI and such other judges that he or she deems fit. 
  • Judges to the High Courts are to be appointed by the President in consultation with the CJI, the Governor of the State and the Chief Justice of that court. 
  • In the case of transfers, the President may move a judge from one High Court to another, but only after consulting the CJI. 

• 1^st Judges case (1982): the word ‘consultation’ only implies exchange of views
• 2^nd Judges Case (1993):
  • Word ‘consultation’ = concurrence, advice by CJI (plus 2 judges) is binding on President.  
  • If collegium reiterates, judicial appointments must be cleared (a healthy convention).
• 3^rd Judges Case: Collegium (4 Judges + CJI)
• 99^th CAA 2015: NJAC (3 judicial members & 2 executive appointees): Declared Unconstitutional by SC.

Removal of Judges

• According to Judges Inquiry Act, 1968:
  • A removal motion signed by 100 members (in case of Lok Sabha) or 50 members (in case of Rajya Sabha) is to be given to the Speaker/Chairman. If the motion is admitted, then a three-member committee to investigate into the charges is constituted. If the committee finds the judge to be guilty of the charges (misbehaviour or incapacity), the House in which the motion was introduced, can take up the consideration of the motion.Special majority: Majority of total membership of the House & majority of not less than two thirds members present and voting. Once, the House in which removal motion was introduced passes it with special majority, it goes to the second House which also has to pass it with a special majority. After the motion is passed, an address is presented to the President for removal of the judge. 
  • The President then passes an order removing the judge.
• Note:
  • Till now, only two judges so far have been found guilty for their “misbehaviour” by the three-member committee. 
  • No judge has been impeached in India till date.

Advantages of collegium: 

• Art.50: Separation of Judiciary from both Executive and Legislature.  
• Secrecy: proper and effective functioning of the institution.  
• Independence from Executive and Legislature: Eg: Judges not to worry about transfers and Political influence.  
• Executive being non specialist in Judicial decision making process.  
• Govt. itself is the biggest litigant having 50% of the pending cases—CJI N.V. Ramana

Negatives of Collegium system: 

• Not mentioned in the Constitution, except a ruling of the SC, it has no formal rules to bind it; answerable to nobody.  
• Judicial Overreach: undermines the checks and balances, making collegium not answerable to anyone.  
• Institution credibility: Eg: Secrecy may support nepotism or favouritism.
• Lack of Transparency: selection procedure etc seen as a sort of anarchy.  
• Lack of objective criteria: may overlook the right candidate.  
• Vacancy of judges despite collegium: leading to pendency.  
• Violation of People Decision: Constitutional Amendment Acts (Approved by Both Houses).
• Standing Committee report 2007: Both Executive & Judiciary should have roles with Executive having Primacy.

Issues with Executive Appointing judges: 

• Delays: in Implementing recommendations of Judicial orders or directions.
  • Eg. An openly gay individual was recommended in 2017, 2021 and again in 2023 to be appointed as Delhi High Court judge by the collegium but govt. objected for his strong advocacy for gay rights.  
• In 2024, several High Courts functioning with Acting Chief Justices for months together.  
• Political influence in functioning hampers judicial independence.  
• Post retirement favours Eg. Judges of Supreme Court in Rajyasabha.  
• Procedural flaws: though President appoints judges but President acts on cabinet decisions (no time limit mentioned).

Other country Practices: 

• Canada: power resides with the Federal Govt.  
• Germany: Elected by Executive and Legislature.  
• USA: Nominated by President & confirmed by Senate.  
• UK: Selection Commission of 15 members of different backgrounds.
• South Africa’s Judicial commission model: composed of 25 members from Executive, Judiciary, Legislature including opposition, non-politicians.

Suggestions for transparency: 

• Formulate, Search-Cum-Evaluation Committee: proposed by Law ministry.  
• Veto to CJI: ensures primacy of CJI—Law Commission report.  
• Public disclosure of objective eligible criteria.  
• Standing Committee report 2007: Both Executive & Judiciary should have roles. with Executive having Primacy.  
• Audio and video recordings of collegium deliberations.

2. Nuclear Treaties  

News: “U.S. to remove Indian entities from restricted lists, says Jake Sullivan.”

(The Hindu, Page no. 10)

(Syllabus: Global Groupings and Agreements)

• Context: United States will soon remove Indian scientific and nuclear entities from the “restricted lists” in order to fully realise” the potential of the India-U.S. nuclear deal that was signed between Prime Minister Manmohan Singh and President George W. Bush.

Non-Proliferation Treaty (NPT) 1970: 

• Aim: to prevent spread of nuclear weapons-by monitoring nuclear related exports.  
• India stance: 
  • Non signatory: but abiding by NPT rules & deeply interested to join.  o Strong supporter of complete nuclear disarmament & controlling nuclear trade.  
  • India pledged to bring its nuclear facilities under IAEA safeguards (not all).  
• Need for India: 
  • Access to state-of-the-art-tech from other members.  o Boost Make in India-INDC goals (reduce carbon footprint), economic growth.  o Two nuclear neighbour’s (Pakistan and China).  

Nuclear Supply Group (NSG): 

• Creation: London Club – After India’s Smiling Buddha Nuclear Explosion 1974.  
• Members: US, UK, France, China, and Russia (Veto Nations).
• Guidelines are “non-binding.”  
• Decisions based on consensus.

MTCR:

• Origin: 1987 by G7 countries
• Aim: Prevent proliferation of mass destruction weapons like missile & UAV Tech ((Weigh > 500kg, Range >300km).
• Informal and Voluntary
• India is a member. China is not a member.
• Members are prohibited from supplying prescribed weapons to non members.  

CTBT

• Signed in 1996 but not in force.  
• It bans all (civilian + military) nuclear explosions.
• India is not signatory.  
• USA, China (nuclear weapon states) not ratified it.  
• Signing CTBT is not mandatory for NPT.

3. Human Meta-Pneumo-Virus (HMPV)

News: “What is the human meta-Pneumo-Virus?”

(The Hindu, Page no. 8)

(Syllabus: Issues related to Health, Education, Human Resources)

About HMPV:

• HMPV virus was first identified in children in 2001 in the Netherlands.  
• Symptoms: 
  • Resembles a common cold. They include a cough, runny or blocked nose, sore, throat, fever and wheezing.  
  • While the virus often causes only mild disease.  
• There is no vaccine and no specific antiviral to treat HMPV.  
• Union Health Ministry noted that the situation in China is “not unusual in view of the ongoing flu season”.  
• WHO and the U.S. Centre’s for Disease Control and Prevention have not raised a red flag so far.

GS-III

1. CROPS Payload 

(News: “Leaves flutter in space: ISRO’s experiment reaches milestone.”)

(The Hindu, Page no.12)

(Syllabus: Awareness in fields of IT, Space, etc.)

About CROPS Payload

• The Vikram Sarabhai Space Centre (VSSC) developed the CROPS payload, a multi-phase platform to develop and evolve ISRO’s capabilities for growing and sustaining flora in extraterrestrial environments. 
• A batch of cowpea seeds which were taken into orbit by an ISRO mission and which recently sprouted has unveiled their first leaves.

GS-IV

1. Code of Conduct

(News: “Why were the Kerala IAS officers suspended?”)

(The Hindu, Page no. 8)

(Syllabus: Probity in Governance: Code of Conduct)

Digital Governance: 

• Digital governance represents a paradigm shift in how govt. employees and service providers engage with their work. Technology facilitates effective communication, informed decisionmaking, and streamlined workflows.  

Initiatives: 

• Integrated Government Online Training (iGOT) Karmayogi platform: 
  • Launched in 2020, this online training portal aims to equip govt officials with essential skills in data analytics, public administration, and digital technologies.
  • It was incorporated under Companies Act, 2013 as a 100% Government owned notfor-profit Company.
• E-Office Initiative:
  • Which digitises govt. workflows, drastically reducing reliance on paperwork and enhancing operational efficiency.  
• Government e-Marketplace:
  • Transition of procurement processes to the online sphere, with platforms like the GeM.

Issues

• Resistance to change attitude among some segment of workforce and slower adoptions.  
• Lack of incentive concerns for initiatives like Mission Karmayogi could merely become attendance trackers.  
• The state of evaluation of initiatives is compromised, as it fails to assess whether these trainings lead to meaningful outcomes, such as providing opportunities to apply new skills through relevant job postings.  
• Digital divide is a pressing issue, especially in rural areas where access to high-speed Internet and digital tools can be limited.  
• Cybersecurity also looms large as a concern in the digital governance landscape.

PYQs

• GS II 2023: E-governance, as a critical tool of governance, has ushered in effectiveness, transparency and accountability in governments. What inadequacies hamper the enhancement of these features?