InstaLinks : help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions ina your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically
Table of Contents:
GS Paper 2:
- The proposition of creating an All-India Judicial Service (AIJS)
Content for Mains Enrichment
- Reliance Retail’s JioMart partnership with SHGs
Facts for Prelims (FFP)
- Iridescent clouds
- Palna scheme
- Sovereign Credit Rating
- “FLip” mutations
Mapping
- India and Bangladesh Trade
The proposition of creating an All-India Judicial Service (AIJS)
GS Paper 2
Syllabus: Indian Judiciary/ Indian Constitution
Source: TH
Context: The article discusses the proposition of creating an All-India Judicial Service (AIJS), a centralized recruitment system for judges at the additional district and district levels across Indian states.
- President Droupadi Murmu recently suggested that AIJS could help diversify the judiciary.
About All India Judicial Service (AIJS):
| All India Judicial Service (AIJS) | |
| Definition | AIJS is a proposed centralized recruitment system for judges at the level of additional district judges and district judges across all states. |
| Objective | AIJS aims to centralize the recruitment of judges, similar to the Union Public Service Commission (UPSC) model, assigning successful candidates to states. |
| Origin | Originating from Law Commission reports in 1958 and 1978, AIJS seeks to address structural issues like varying pay, faster vacancy filling, and standardized nationwide training. |
| The idea was revisited in 2006 by the Parliamentary Standing Committee, supporting a pan-Indian judicial service. | |
| The ‘Strategy for New India @ 75’ by NITI Aayog proposes judicial reforms, including the creation of an All India Judicial Service (AIJS) akin to IAS and IPS. | |
| Constitutional Basis | Article 312 of the Constitution provides for the establishment of AIJS, similar to central civil services, upon a resolution by the Rajya Sabha supported by at least two-thirds of its members. |
| However, Article 312 (2) states that the AIJS cannot include any post inferior to that of a district judge, as defined in Article 236. | |
| According to Article 236, a district judge can include various positions such as city civil court judge, additional district judge, etc. | |
| What is the current system of District Judges’ Recruitment? | The current system involves Articles 233 and 234 granting states the authority over the appointment of district judges, managed through State Public Service Commissions and High Courts, since HCs exercise jurisdiction over the subordinate judiciary in the state. |
| Panels of HC judges interview candidates after the exam and select them for appointment. | |
| All judges of the lower judiciary up to the level of district judges are selected through the Provincial Civil Services (Judicial) exam, commonly referred to as the judicial services exam. | |
| Article 233 deals with the appointment of district judges, while Article 234 deals with the recruitment of persons other than district judges to the judicial service. | |
Feasibility of implementing the All-India Judicial Service (AIJS):
- Uniform Standards: One of the primary advantages of AIJS is the establishment of uniform standards for the recruitment of judicial officers across states. This could ensure a consistent and merit-based selection process, enhancing the overall quality of the judiciary.
- Addressing Judges to Population Ratio and Filling Vacancies: In 1987, a Law Commission report recommended a target of 50 judges per million populations for India, compared to the then 50 judges.
- While the current sanctioned strength has surpassed 20 judges, it remains significantly lower than the US (107) and the UK (51) per million people.
- AIJS would fill the vacancies of judges in the lower courts, addressing the present issue of around 5,400 vacant positions and a pendency of 2.78 crore cases in lower judiciary primarily due to delays in holding regular exams by states
- Enhanced Accountability: With a centralized service, there could be greater accountability in terms of performance evaluation, training, and disciplinary actions. This can contribute to a more transparent and accountable judicial system.
- Attracting talent pool: A centralised selection process under AIJS would facilitate attracting the best legal talent from across the country, through a rigorous examination-based system.
- Currently, many states lag on legal acumen and merit in appointments.
- Increase Diversity: AIJS would increase the representation and diversity of judges from different regions, genders, castes, and communities, reflecting the social composition of the country
- Prevents parochialism and political interference: By giving All India character, it prevents parochialism and political interference in appointments that currently take place under state-level control.
- Bottoms-Up Approach: By adopting a bottom-up approach in recruitment, AIJS aims to tackle issues like corruption and nepotism in the lower judiciary. This approach is anticipated to enhance the quality of justice dispensation at the grassroots level.
Challenges of implementing the All-India Judicial Service (AIJS):
- Diversity of Laws: India is a diverse country with different states having distinct languages, cultures, and legal traditions.
- Implementing AIJS may face resistance due to concerns about homogenizing the judiciary, potentially neglecting the nuanced understanding of local laws and customs.
- Violates Basic Structure Doctrine: this expansive mandate would require significant constitutional amendments, potentially violating the basic structure doctrine and upsetting the current judicial federalism under Articles 233 and 234.
- Language Barrier: Since cases in lower courts are argued in local languages, there have been apprehensions as to how a person from north India can hold hearings in a southern state.
- Thus, another fundamental concern regarding AIJS is the language barrier.
- Administrative Challenges: Establishing a centralized recruitment system for the entire country involves significant administrative challenges.
- Coordination, infrastructure, and adapting to regional variations in caseloads and legal issues present formidable hurdles.
- Political Opposition: As per Article 233, recruitment to subordinate judiciary is the prerogative of the State. The proposal for AIJS may face political opposition, especially if it is perceived as a centralizing move that encroaches upon the powers of state governments.
- Reservations: Additionally, ensuring reservation for locally domiciled citizens poses legal and utility challenges, casting doubt on the effectiveness of AIJS as judicial reform.
Way forward:
- Ensuring High Standards: Conducted by the UPSC, the All India Judicial Services examination aims to uphold “high standards” in the judiciary, aligning with the recruitment processes of other prestigious civil services.
- Addressing Vacancy Causes: While AIJS is proposed as a solution for judicial vacancies, a more prudent approach involves investigating and understanding the underlying reasons for the high number of vacancies, especially in underperforming states.
- Overcoming Administrative and Judicial Hurdles: AIJS faces resistance from administrative blocks and High Courts, despite the Supreme Court’s endorsement. To be effective, AIJS must be meticulously designed to address shortcomings and garner support from all stakeholders.
- Urgency in Recruitment: To address the judiciary’s vacancy crisis, prompt recruitment through AIJS is essential. A substantial and timely influx of judges, akin to the recruitment model in IAS, IPS, and IFS, is crucial for an efficient judicial system.
- Ensuring Meritocracy: Following selection, comprehensive training for Judicial Service officers is vital. A meritocratic judiciary is imperative, and achievable through a competitive recruitment process. The urgency for implementation cannot be overstated.
Conclusion
As of 2023, there is no consensus on AIJS due to diverging opinions among major stakeholders. A balanced approach considering pros and cons with a judicious structure can potentially make AIJS viable. But key, Centre-State consensus is the prerequisite before it transforms from idea to reality after almost fifty years of debate.
Insta Links:
SANSAD TV: PERSPECTIVE- ALL INDIA JUDICIAL SERVICE
Mains Links
Critically examine the Supreme Court’s judgement on the ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (150 words)
With reference to the Indian judiciary, consider the following statements:(USPC 2021)
- 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.
- A High Court in India has the power to review its own judgement 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 I nor 2
Ans: A
Reliance Retail’s JioMart partnership with SHGs
Content for Mains Enrichment
Source: PIB
Context: The Ministry of Rural Development (MoRD) has signed a Memorandum of Understanding (MoU) with Reliance Retail’s JioMart to enhance the outreach of products from Self-Help Groups (SHGs) under the Deendayal Antyodaya Yojana-National Rural Livelihoods Mission (DAY-NRLM).
The collaboration allows SHGs to be sellers on JioMart, widening their market and visibility. This initiative aligns with MoRD’s SARAS collection, providing benefits and guidance to SHG sellers for online business growth.
JioMart will assist SHGs in setting up and operating their accounts, offer training, and support post-launch to ensure business growth.
What is the SARAS Collection brand?
It is dedicated to promoting and showcasing products made by Self-Help Groups (SHGs) across India. These products typically include handlooms, handicrafts, textiles, pantry items, home décor, beauty products, and various other items crafted by rural artisans and entrepreneurs.
Usage: The example can be used in the Economy, Indian society, and Social Justice Qn, to show how private-public partnership can help raise income opportunities for SHGs in India.
Iridescent clouds
Facts for Prelims (FFP)
Source: The Guardian
Context: Rare iridescent clouds, known as nacreous clouds, were spotted over parts of Scotland, northern England, and the West Midlands recently.
- The clouds, resembling mother of pearl, are known for their pastel light reflections during sunset and sunrise.
- This phenomenon occurs as sunlight diffracts around tiny ice crystals within the clouds, creating an effect similar to a thin layer of oil on water.
Nacreous clouds are rare in the UK and are usually seen when cold air from the polar vortex temporarily hovers over the region.
The mechanism behind iridescent clouds is diffraction, which occurs when small water droplets or small ice crystals scatter the sun’s light. Larger ice crystals do not produce iridescence but can cause halos.
Sovereign Credit Rating
Facts for Prelims (FFP)
Source: IE
Context: India’s Chief Economic Advisor (CEA) in its recent paper has raised concerns about the sovereign credit rating system.
| Topic | Details |
| What is Credit Rating? | Credit rating is an assessment of the creditworthiness of a borrower, including individuals, companies, or countries. |
| What is Sovereign Credit Rating? | A sovereign credit rating is an independent assessment of a country’s creditworthiness. It evaluates the country’s ability to repay debt without default, impacting the risk associated with investing in its debt instruments. |
| Key agencies include Standard & Poor’s, Moody’s, and Fitch Ratings, considering economic indicators, fiscal policies, political stability, and trade position. | |
| Importance of Credit Rating | Obtaining a good credit rating is crucial for accessing funding in the international bond market and attracting foreign investments. It also influences borrowing costs in global financial markets, allowing countries with higher ratings to borrow at lower interest rates. |
| Key Concerns Raised by CEA | Concerns include the disadvantageous rating methods for developing countries, lack of transparency in expert selection, unclear weights assigned to parameters, and subjective assessments favouring advanced economies. |
| Between 2006 and 2022, India’s GDP has risen, and foreign exchange reserves have increased, yet its credit rating remains lower than expected. | |
| CRAs heavily rely on the World Bank’s governance indicators, explaining only 68% of India’s rating. | |
| How CRAs Rated India | S&P Global and Fitch raised India’s rating to BBB (lowest investment grade), while Moody’s initially upgraded but later reverted to Baa3. |
| Way Ahead for India | India needs fiscal consolidation by reducing the government debt-to-GDP ratio and improving data quality. The absence of post-2011-12 survey results emphasizes the importance of accurate and transparent data. |
| Credit Rating in India | SEBI in India regulates credit rating agencies, including CRISIL, CARE, ICRA, Acuité Ratings, Brickwork Rating, India Rating and Research Pvt. Ltd, and Infomerics Valuation and Rating Pvt. Ltd. |
India and Bangladesh Trade
Mapping
Source: PIB
India and Bangladesh officials emphasized the need for coordinated border management to address trans-border crimes. Also, the Shipping Secretary Level Talks between India and Bangladesh in Dhaka concluded with decisions such as easing visa issuance, shore-leave facility, and repatriation for seafarers.
Key outcomes involve:
- The establishment of a land route at LCS Radhikapur and Hodibari to enhance trade and connectivity
- Bangladesh plans to extend the Indo-Bangladesh Protocol (IBP) route, designating Safardighi as a new port of call
- Common Automatic Identification System (AIS) on the IBP route for better vessel navigation and tracking
- Inclusion of Payra seaport in the Agreement on the use of Chattogram and Mongla Ports for Movement of Goods (ACMP)
With a bilateral trade volume worth $16bn, India is Bangladesh’s second-largest trading partner after China.
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