The Hindu Newspaper Analysis for UPSC
The Hindu Newspaper Analysis 26 September 2023
- The Supreme Court on Tuesday said the judiciary was losing fresh talent as never before because prospective candidates shortlisted for judgeships in the High Courts give up as months tick by without a decision from the government on their appointment.
- Many a bright legal mind, willing to sacrifice their law practice to join the Bench, have fallen victim to segregation of names by the government, who seemingly prefer one name to the other for unknown reasons, a Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted.
- Articles 124(2) and 217 of the Indian Constitution deal with the appointment of judges to the Supreme Court and High Courts .
- It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.
- First Judges Case (1981):
- It declared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
- Second Judges Case (1993):
- SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.
- Third Judges Case (1998):
- SC on the President’s reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
- Way Forward
- Filling up of vacancies is a continuous and collaborative process involving the executive and the judiciary, and there cannot be a time frame for it. However, it is time to think of a permanent, independent body to institutionalise the process with adequate safeguards to preserve the judiciary’s independence guaranteeing judicial primacy but not judicial exclusivity.
- It should ensure independence, reflect diversity, demonstrate professional competence and integrity.
- The Punjab government has committed to reduce paddy stubble burning incidents by at least 50% this year compared to last year in its State Action Plan, the Commission for Air Quality Management in NCR and Adjoining Areas (CAQM) said on Tuesday.
- Every year, stubble burning is a major problem in some northern States during October-November and smoke from Punjab further increases air pollution in Delhi and other nearby areas.
- In the light of the idea promoted by the then PM Nehru, five Zonal Councils were set up under the States Re-organisation Act, 1956.
- Zonal Councils are the statutory and not the constitutional bodies.
- The five councils are:
- The Northern Zonal Council; The Central Zonal Council; The Eastern Zonal Council; The Western Zonal Council; The Southern Zonal Council.
- The North Eastern States are not included in the Zonal Councils.
- Their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, 1972.
- The Union Home Minister is the Chairman of each of these Councils.
- Vice Chairman
- The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.
- Members
- Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.
- Advisers
- One person nominated by the Planning Commission (now NITI Aayog) for each of the Zonal Councils,
- Chief Secretaries and another officer/Development Commissioner nominated by each of the States included in the Zone
- Union Ministers are also invited to participate in the meetings of Zonal Councils depending upon necessity.
- In its latest report released this March, the Intergovernmental Panel on Climate Change (IPCC) delivers a stark warning: climate change heightens the global risk of infectious diseases. The close relationship between climate and disease is being demonstrated every year.
- For instance, the periodicity of mosquito-borne disease outbreaks no longer follows expected patterns. Dengue manifests in two to three peaks throughout the year. Variability in temperature, precipitation, and humidity disrupt disease transmission cycles.