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Judicial Appointments to High Courts

Why in News Recently, the Union Minister of Law and Justice informed the Rajya Sabha regarding the appointment of judges in various high...

23 Jul 2021 Judiciary
Provisions of 97th Amendment Struck Down: SC

Why in News Recently, the Supreme Court (SC) upheld a 2013 judgment of the Gujarat High Court and struck down certain provisions of the Constitution...

21 Jul 2021 Judiciary
Infrastructure Facilities for Judiciary

Why in News The Union Government has approved continuation of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for...

15 Jul 2021 Judiciary
Section 66A of the IT Act

Why in News The Supreme Court has issued a notice to the Centre on the use of Section 66A of the Information Technology Act, 2000 that was scrapped...

13 Jul 2021 Judiciary
Democracy of the Collegium System

This article is based upon “The Judicious Choice” which was published in the Indian Express on 09/07/2021. It talks about the...

09 Jul 2021 Judiciary
All India Judicial Service

This article is based on “Will a national judiciary work?” which was published in The Hindu on 06/07/2021. It talks about the arguments...

06 Jul 2021 Judiciary
Gujarat Prohibition Law

Why in News Recently, the Gujarat Prohibition Act, 1949 has been challenged before the Gujarat High Court, more than seven decades after it came...

29 Jun 2021 Judiciary
Recusal of Judges

Why in News Recently, two Supreme Court (SC) judges have recused themselves from hearing cases relating to West Bengal. Key...

23 Jun 2021 Judiciary
UAPA & Constitutional Freedom

This article is based on “A limited victory” which was published in The Indian Express on 22/06/2021. It talks about the recent...

22 Jun 2021 Judiciary
Digital Justice Delivery

This article is based on “The promise and perils of digital justice delivery” which was published in The Hindu on 10/06/2021. It talks...

10 Jun 2021 Judiciary
Draft Rules for Live-Streaming Court Proceedings

Why in News Recently, the Supreme Court has released the Draft Model Rules for Live-Streaming and Recording of Court Proceedings. The Rules are...

09 Jun 2021 Judiciary
Pendency of Cases

This article is based on “Spike in other caseload’' which was published in The Indian Express on 25/05/2021. It talks about the delays...

25 May 2021 Judiciary
Independent Collegium for Election Commission

Why in News Recently, a petition was filed in the Supreme Court (SC) seeking the constitution of an independent collegium to appoint members of the...

18 May 2021 Judiciary
Overcrowding of Prison

Why in News The Supreme Court (SC) of India has ordered the interim release of eligible prisoners in view of the uncontrolled second surge in the...

15 May 2021 Judiciary
Media has Right to Report Court Proceeding: SC

Why in News Recently, the Supreme Court (SC) dismissed a plea by the Election Commission of India (ECI) to restrain media from reporting oral...

07 May 2021 Judiciary
Maratha Reservation Struck Down: SC

Why in News Recently, the Supreme Court (SC) declared a Maharashtra law which provides reservation benefits to the Maratha community, taking the...

06 May 2021 Judiciary
Challenges for the New Chief Justice of India

This article is based upon “A Court in Crisis” which was published in the Indian Express on 24 April, 2021. It talks about the issues...

26 Apr 2021 Judiciary
National Commission for Minorities

Why in News Recently, the Delhi High Court has directed the Centre to fill up the vacant posts of chairperson and five other members of the National...

26 Apr 2021 Judiciary
AI Portal SUPACE

Why in News Recently, the Chief Justice of India (CJI) launched an Artificial Intelligence (AI) based portal ‘SUPACE’ in the judicial...

07 Apr 2021 Judiciary
Ad-hoc Judges in High Court

Why in News Recently, the Supreme Court pushed for the appointment of retired judges to battle the pendency of cases in High Courts. Key...

27 Mar 2021 Judiciary

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		'article_id' => (int) 8955,
		'category_id' => (int) 21,
		'title' => 'Judicial Appointments to High Courts',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <strong>Union Minister of Law and Justice</strong> informed the<a href="/daily-updates/daily-news-editorials/role-of-rajya-sabha" target="_blank" rel="noopener"><strong> Rajya Sabha</strong></a> regarding the appointment of judges in various high courts.</p>
<ul style="list-style-type: square;">
<li>The minister pointed out that filling up vacancies in the higher judiciary is a <strong>continuous, integrated</strong> and <strong>collaborative process</strong> between the <strong>Executive</strong> and the <strong>Judiciary.</strong></li>
<li>It requires <strong>consultation and approval</strong> from<strong> Constitutional authorities</strong> at the <strong>State</strong> as well as <strong>Central level.</strong></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Appointment of HC Judges:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Article 217 of the Constitution:</strong> It states that the <strong>Judge of a High Court</strong> shall be <strong>appointed by the President</strong> in consultation with the <a href="/daily-updates/daily-news-analysis/parliament-sessions" target="_blank" rel="noopener"><strong>Chief Justice of India</strong></a> (CJI), the <a href="/to-the-points/Paper2/governor" target="_blank" rel="noopener"><strong>Governor of the State</strong></a>.<br />
<ul style="list-style-type: disc;">
<li>In the case of appointment of a Judge other than the Chief Justice, the <strong>Chief Justice of the High Court is consulted.</strong></li>
</ul>
</li>
<li><strong>Consultation Process:</strong> High Court judges are recommended by a <a href="/daily-updates/daily-news-analysis/collegium-system-for-the-appointment-of-judges" target="_blank" rel="noopener"><strong>Collegium</strong></a> comprising the <strong>CJI and two senior-most judges.</strong><br />
<ul style="list-style-type: disc;">
<li>The proposal, however, is <strong>initiated by</strong> the <strong>Chief Justice of the High Court</strong> concerned in consultation with two senior-most colleagues.</li>
<li>The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.</li>
<li>The <strong>Chief Justice of the High Court</strong> is appointed as per the policy of having Chief Justices from outside the respective States.<br />
<ul style="list-style-type: disc;">
<li>The Collegium takes the call on the elevation.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Ad-hoc Judges:</strong> The appointment of retired judges was provided for in the Constitution under<strong> Article 224A.</strong><br />
<ul style="list-style-type: disc;">
<li>Under the Article, the <strong>Chief Justice of a High Court</strong> for any State may at any time, with the <strong>previous consent of the President,</strong> request any person who has held the office of judge of that court or of any other High Court to sit and act as a judge of the High Court for that State.</li>
<li>Recently, the Supreme Court pushed for the<a href="/daily-updates/daily-news-analysis/ad-hoc-judges-in-high-court" target="_blank" rel="noopener"><strong> appointment of retired judges</strong></a> to battle the pendency of cases in High Courts.<br />
<ul style="list-style-type: disc;">
<li>It orally outlined prospective guidelines for the appointment and functioning of an ad-hoc judge.</li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
<li><strong>Collegium System:</strong> <br />
<ul style="list-style-type: circle;">
<li>It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and <strong>not by an Act of <a href="/daily-updates/daily-news-analysis/parliament-sessions" target="_blank" rel="noopener">Parliament</a></strong> or by a<strong> provision of the Constitution.</strong></li>
<li><strong>Evolution of the System:</strong><br />
<ul style="list-style-type: disc;">
<li><strong>First Judges Case (1981):</strong> It declared that the &ldquo;primacy&rdquo; of the Chief Justice of India (CJI) recommendation on judicial appointments and transfers can be refused for &ldquo;cogent reasons.&rdquo;<br />
<ul style="list-style-type: disc;">
<li>The ruling gave the<strong> Executive primacy over the Judiciary</strong> in judicial appointments for the next 12 years.</li>
</ul>
</li>
<li><strong>Second Judges Case (1993):</strong> SC introduced the <strong>Collegium system,</strong> holding that <strong>&ldquo;consultation&rdquo;</strong> really meant <strong>&ldquo;concurrence&rdquo;.</strong><br />
<ul style="list-style-type: disc;">
<li>It added that it was <strong>not the CJI&rsquo;s individual opinion,</strong> but an institutional opinion formed in consultation with the two senior-most judges in the SC.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Third Judges Case (1998):</strong> SC on President&rsquo;s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues (for example for the transfer of HC judges).</li>
</ul>
</li>
<li><strong>Issues Involved:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Cumbersome Process:</strong> There are inordinate delays in the appointment of High Court judges and depleting numbers in the higher judiciary threaten to affect the justice delivery mechanism.</li>
<li><strong>Lack of transparency:</strong> The absence of formal criteria has multiple worrying implications. <br />
<ul style="list-style-type: disc;">
<li>Presently, there is no structured process to investigate if a judge who is recommended by the collegium has any conflict of interests.</li>
</ul>
</li>
<li><strong>Improper Representation:</strong> The collegium system structurally tends to favour particular sections of society and is far from being representative of the population for whom it seeks to deliver justice.</li>
<li><strong>Vacancy in High Courts:</strong> The total sanctioned strength of judges across the 25 high courts is 1,098 but the working strength is only 645, a shortfall of 453 judges.</li>
<li><strong>High Pendency of Cases:</strong> The total pendency of cases in the several courts of India at different levels, sums up to a total of about 3.7 crores thus increasing the demand of a better and improved judicial system.</li>
</ul>
</li>
<li><strong>Attempts of Reform:</strong><br />
<ul style="list-style-type: circle;">
<li>The attempt was made to replace the Collegium by a <strong>&lsquo;National Judicial Appointments Commission (NJAC)&rsquo;</strong> in 2014 through the <strong>99<sup>th</sup> Constitutional Amendment Act, 2014.</strong><br />
<ul style="list-style-type: disc;">
<li>The NJAC proposed to make the appointment of High Court and Supreme Court judges and chief justices more<strong> transparent.</strong></li>
<li>They will be selected by the commission, whose members will be drawn from the judiciary, legislature and civil society.</li>
</ul>
</li>
<li>The <strong>Constitutional Bench</strong> of the Supreme Court declared <strong>NJAC unconstitutional in 2015,</strong> citing that it violates the <a href="/daily-updates/daily-news-analysis/basic-structure-of-constitution" target="_blank" rel="noopener"><strong>Basic Structure</strong> </a>of the<strong> Constitution of India</strong> on the ground that it posed a threat to the independence of the judiciary.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>It is time to think of a permanent, independent body to institutionalize the process with adequate safeguards to preserve the judiciary&rsquo;s independence guaranteeing judicial primacy but not judicial exclusivity.<br />
<ul style="list-style-type: circle;">
<li>It should ensure independence, reflect diversity, demonstrate professional competence and integrity.</li>
</ul>
</li>
<li>Instead of selecting the number of judges required against a certain number of vacancies, the collegium must provide a panel of possible names to the President to appoint in order of preference and other valid criteria.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/parliament-proceedings-high-court-appointments-an-ongoing-process-law-ministry-informs-rajya-sabha/article35475567.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 8927,
		'category_id' => (int) 21,
		'title' => 'Provisions of 97th Amendment Struck Down: SC',
		'description' => '<h3>Why in News</h3>
<p>Recently, the<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong> Supreme Court (SC)</strong> </a>upheld a 2013 judgment of the Gujarat High Court and struck down certain provisions of the<a href="/daily-updates/daily-news-analysis/Scheme%20to%20Promote%20Young%20Entrepreneurs%20in%20Cooperatives" target="_blank" rel="noopener"><strong> Constitution (97<sup>th</sup> Amendment) Act, 2011.</strong></a></p>
<ul style="list-style-type: square;">
<li>It gave a major boost for <a href="/daily-updates/daily-news-analysis/federalism-and-emerging-challenges" target="_blank" rel="noopener"><strong>federalism</strong></a> as the<strong> 97<sup>th</sup> Amendment shrank the exclusive authority of States</strong> over its <a href="/daily-updates/daily-news-analysis/ministry-of-co-operation-a-new-push-to-co-operatives" target="_blank" rel="noopener"><strong>co-operative societies</strong></a>, a sector considered as a massive contributor to the economy.</li>
</ul>
<div class="border-bg">
<p><strong>Co-operatives</strong></p>
<ul style="list-style-type: square;">
<li>According to the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/international-labour-organization" target="_blank" rel="noopener"><strong>International Labour Organisation (ILO)</strong></a>,<strong> a cooperative is an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs</strong> and aspirations through a jointly owned and democratically controlled enterprise.</li>
<li>There are <strong>many types of cooperatives</strong> such as Consumer Cooperative Society, Producer Cooperative Society, Credit Cooperative Society, Housing Cooperative Society and Marketing Cooperative Society.</li>
<li>The <a href="/important-institutions/drishti-specials-important-institutions-international-institution/united-nations-1" target="_blank" rel="noopener"><strong>United Nations General Assembly</strong></a> had declared the year <strong>2012 as the International Year of Cooperatives.</strong></li>
<li>India is an agricultural country and laid the foundation of <strong>World&rsquo;s biggest cooperative movement in the world.</strong><br />
<ul style="list-style-type: circle;">
<li>Recently, a separate<strong> &lsquo;Ministry of Co-operation&rsquo;</strong> has been created by the Central Government to give a new push to the cooperative movement.</li>
</ul>
</li>
</ul>
</div>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Issue:</strong><br />
<ul style="list-style-type: circle;">
<li>Part IXB, introduced into the Constitution through the <strong>97<sup>th</sup></strong> Amendment, <strong>dictated the terms for running co-operative societies.</strong></li>
<li>The provisions in the Amendment, <strong>passed</strong> by Parliament <strong>without getting them ratified by State legislatures</strong> as required by the Constitution.</li>
<li>It went to the extent of <strong>determining the number of directors</strong> a society should have or their <strong>length of tenure</strong> and even the <strong>necessary expertise required</strong> to become a member of the society.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Other Major Provisions of the 97<sup>th</sup> Amendment</strong></p>
<ul style="list-style-type: square;">
<li>The word <strong>&ldquo;cooperatives&rdquo; was added after &ldquo;unions and associations&rdquo; in <a href="/daily-updates/daily-news-editorials/rights-to-freedom" target="_blank" rel="noopener">Article 19</a>(1)(c) under Part III of the Constitution.</strong> This enables all the citizens to form cooperatives by giving it the status of fundamental right of citizens.</li>
<li>A new <strong><a href="/daily-updates/daily-news-analysis/the-code-on-wages-bill#:~:text=The%20Article%2043%20of%20the,and%20social%20and%20cultural%20opportunities." target="_blank" rel="noopener">Article 43</a>B</strong> was added in the <a href="/to-the-points/Paper2/directive-principles-of-state-policy-dpsp#:~:text=Directive%20Principles%20are%20affirmative%20directions,is%20not%20subordinate%20to%20FRs." target="_blank" rel="noopener"><strong>Directive Principles of State Policy</strong></a> (Part IV) regarding the &ldquo;promotion of cooperative societies&rdquo;.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li><strong>Central Government's Argument:</strong><br />
<ul style="list-style-type: circle;">
<li>It justified that the government was<strong> injecting &lsquo;professionalism&rsquo; and autonomy</strong> into the functioning of the societies.</li>
<li><strong>Lack of accountability</strong> by the members has <strong>led to poor services and low productivity.</strong></li>
<li>Even <strong>elections are not held on time.</strong> Co-operatives <strong>need to run on well-established democratic principles.</strong></li>
</ul>
</li>
<li><strong>SC&rsquo;s Ruling:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Exclusive Legislation of States:</strong><br />
<ul style="list-style-type: disc;">
<li>The constitution has been described as <strong>quasi-federal</strong> in that, so far as legislative powers are concerned, though<strong> there is a tilt in favour of the Centre vis-&agrave;-vis the States</strong> given the <strong>federal supremacy</strong> principle.<br />
<ul style="list-style-type: disc;">
<li><strong>Quasi-federalism</strong> means an intermediate form of state between a unitary state and a federation.</li>
</ul>
</li>
<li>However, within their own sphere, the <strong>States have exclusive power to legislate on topics reserved exclusively to them.</strong></li>
<li><strong>Part IX B,</strong> which consists of<strong> Articles 243ZH to 243ZT,</strong> has &ldquo;significantly and substantially<strong> impacted&rdquo; State legislatures&rsquo; &ldquo;exclusive legislative power&rdquo; over its co-operative sector under Entry 32 of the State List.</strong></li>
<li>The court pointed out how<strong> Article 243ZI</strong> makes it clear that a <strong>State may only make law on the incorporation, regulation and winding up of a society</strong> subject to the provisions of Part IXB of the 97<sup>th</sup> Amendment.</li>
</ul>
</li>
<li><strong>Not Ratified by the States:</strong><br />
<ul style="list-style-type: disc;">
<li>It held that the <strong>97<sup>th</sup></strong> Constitutional Amendment <strong>required ratification by at least one-half of the state legislatures as per Article 368(2)</strong> of the Constitution, since it dealt with an entry which was an exclusive state subject (co-operative societies). <br />
<ul style="list-style-type: disc;">
<li>Under <strong>Article 368(2),</strong> Parliament can amend the Constitution by passing a Bill with a <a href="/to-the-points/Paper2/debate-on-the-procedure-of-amendment" target="_blank" rel="noopener"><strong>special majority.</strong></a></li>
</ul>
</li>
<li>Since such ratification was not done in the case of the 97<sup>th</sup> amendment, it was liable to be struck down.</li>
</ul>
</li>
<li><strong>Upheld the Validity of Provisions related to Multi State Cooperative Societies:</strong><br />
<ul style="list-style-type: disc;">
<li>It did not strike down the portions of Part IXB of the Amendment concerning <strong>&lsquo;Multi State Co-operative Societies (MSCS)&rsquo; due to the lack of ratification.</strong></li>
<li>When it comes to MSCS with objects not confined to one State, the <strong>legislative power would be that of the Union of India</strong> which is contained in Entry 44 List I <strong>(Union List).</strong></li>
<li>It is declared that <strong>Part IXB of the Constitution is operative only insofar as it concerns multi-State cooperative societies</strong> both within the various States and in the Union Territories.</li>
</ul>
</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Lists to Differentiate Legislative Powers</strong></p>
<ul style="list-style-type: square;">
<li>There are <strong>three Lists</strong> which provide for distribution of legislative powers <strong>(under 7<sup>th</sup> Schedule to the Constitution):</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Union List (List I) -</strong> It contains <strong>98 subjects (originally 97)</strong> and comprises the <strong>subjects which are of national importance</strong> and admit of uniform laws for the whole of the country.<br />
<ul style="list-style-type: disc;">
<li>Only the Union Parliament can legislate with respect to these matters e.g. Defence, Foreign Affairs, Banking, Currency, Union Taxes, etc.</li>
</ul>
</li>
<li><strong>State List (List II) -</strong> It contains <strong>59 subjects (originally 66)</strong> and comprises <strong>subjects of local or State interest.</strong><br />
<ul style="list-style-type: disc;">
<li>It lies within the legislative competence of the State Legislatures, viz. Public Order and Police, Health, Agriculture, etc.</li>
</ul>
</li>
<li><strong>Concurrent List (List III) -</strong> It contains <strong>52 subjects (Originally 47)</strong> with respect to which; both Union Parliament and the State Legislature have concurrent power of legislation. The Concurrent List (not found in any federal Constitution) was to serve as a device to avoid excessive rigidity to a two-fold distribution.<br />
<ul style="list-style-type: disc;">
<li>It is a <strong>'twilight zone',</strong> as for not so important matters, the States can take initiative, while for the important matters, the Parliament can do so.</li>
</ul>
</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://indianexpress.com/article/india/sc-majority-verdict-quashes-part-of-97th-constitutional-amendment-on-cooperatives-7413479/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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		'article_id' => (int) 8880,
		'category_id' => (int) 21,
		'title' => 'Infrastructure Facilities for Judiciary',
		'description' => '<h3>Why in News</h3>
<p>The Union Government has approved continuation of the <a href="/daily-updates/daily-news-analysis/data-governance-quality-index-niti-aayog" target="_blank" rel="noopener"><strong>Centrally Sponsored Scheme (CSS)</strong></a> for <strong>Development of Infrastructure Facilities for Judiciary</strong> for further five years<strong> to 2026</strong> at a total cost of Rs. 9000 crore.</p>
<ul style="list-style-type: square;">
<li>Rs.50 crore will be allocated for <strong>Gram Nyayalayas Scheme </strong>through <strong>National Mission for Justice Delivery and Legal Reforms.</strong></li>
</ul>
<div class="border-bg">
<p><strong>National Mission for Justice Delivery and Legal Reforms</strong></p>
<ul style="list-style-type: square;">
<li><strong>Launch:</strong> It was approved by the Union Government in June 2011.</li>
<li><strong>Objective:</strong> To increase access to justice by reducing delays and arrears in the system and enhance accountability through structural changes and by</li>
</ul>
</div>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>About:</strong><br />
<ul style="list-style-type: circle;">
<li>CSS for Development of Infrastructure Facilities for Judiciary has been in operation<strong> since 1993-94.</strong></li>
<li>This proposal for continuation of the CSS will help in construction of 3800 court halls and 4000 residential units (both new and ongoing projects) for judicial officers of District and Subordinate Courts, 1450 lawyer halls, 1450 toilets complexes and 3800 digital computer rooms.</li>
<li>This will help in improving the functioning and performance of the Judiciary in the country and will be a new step towards building better courts for a new India.</li>
<li>The upgraded <strong>&ldquo;Nyaya Vikas-2.0&rdquo;</strong> <strong>web portal</strong> and mobile application is used for monitoring physical and financial progress of CSS judicial infrastructure projects by geo-tagging completed and ongoing projects.</li>
</ul>
</li>
<li><strong>Gram Nyayalayas:</strong><br />
<ul style="list-style-type: circle;">
<li>Gram Nyayalayas or village courts are established under the <strong>Gram Nyayalayas Act, 2008</strong> for speedy and easy access to the justice system in the rural areas of India.</li>
<li>The Act came into force from 2nd October 2009.</li>
<li><strong>Jurisdiction:</strong><br />
<ul style="list-style-type: disc;">
<li>A Gram Nyayalaya has jurisdiction <strong>over an area specified by a notification by the State Government in consultation with the respective High Court.</strong></li>
<li>The Court <strong>can function as a mobile court</strong> at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regard.</li>
<li>They have <strong>both civil and criminal jurisdiction over the offences.</strong></li>
</ul>
</li>
<li><strong>Monitoring:</strong><br />
<ul style="list-style-type: disc;">
<li>The <strong>Gram</strong> <strong>Nyayalaya Portal</strong> helps online monitoring of working of the Gram Nyayalayas by the implementing states.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Issues related to Judiciary in India:</strong><br />
<ul style="list-style-type: circle;">
<li>The <strong>judge-population ratio in the country</strong> is not very appreciable.<br />
<ul style="list-style-type: disc;">
<li>While for the other countries, the ratio is about 50-70 judges per million people, in India it is 20 judges per million heads.</li>
</ul>
</li>
<li>It is only since the pandemic that the <strong>court proceedings</strong> have started to<strong> take place virtually</strong> too, earlier the role of technology in the judiciary was not much larger.</li>
<li>The posts in the judiciary are not filled up as expeditiously as required.<br />
<ul style="list-style-type: disc;">
<li>The process of judicial appointment is delayed due to delay in recommendations by the <a href="/daily-updates/daily-news-analysis/collegium-system-for-the-appointment-of-judges#:~:text=The%20SC%20collegium%20is%20headed,CJI%20and%20the%20SC%20collegium." target="_blank" rel="noopener"><strong>collegium</strong></a> for the higher judiciary.</li>
<li>Delay in recruitment made by the state commission/high courts for lower judiciary is also a cause of the poor judicial system.</li>
</ul>
</li>
<li>Frequent<strong> adjournments are granted by the courts</strong> to the advocates which leads to <strong>unnecessary delays</strong> in justice.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>The CSS Scheme will increase the availability of well-equipped Court Halls and Residential Accommodations for Judges/Judicial Officers of District and Subordinate Courts all over the country.</li>
<li>Setting up of digital computer rooms will also improve digital capabilities and give impetus to the digitization initiation being pursued as a part of India&rsquo;s Digital India vision.</li>
<li>This will help in improving the overall functioning and performance of the Judiciary. Continued assistance to the Gram Nyayalayas will also give impetus to providing speedy, substantial and affordable justice to the common man at his doorstep.</li>
</ul>
<p><a href="https://pib.gov.in/PressReleasePage.aspx?PRID=1735375" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
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		'article_id' => (int) 8858,
		'category_id' => (int) 21,
		'title' => 'Section 66A of the IT Act',
		'description' => '<h3>Why in News</h3>
<p>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> has issued a <strong>notice to the Centre</strong> on the use of <strong>Section 66A of the Information Technology Act, 2000</strong> that was scrapped several years ago.</p>
<ul style="list-style-type: square;">
<li>The court struck down the provision as <strong>unconstitutional</strong> and <strong>a violation of free speech</strong> in 2015 in the <strong>Shreya Singhal Case.</strong></li>
<li>The IT Act, 2000 provides for legal recognition for transactions through electronic communication, also known as <a href="/to-the-points/paper3/e-commerce-in-india" target="_blank" rel="noopener"><strong>e-commerce</strong></a>. The Act also penalizes various forms of cyber crime.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1626167411_pasted%20image 0 (8).png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1626167411_pasted image 0 (8).png" style="display: block; margin-left: auto; margin-right: auto;" width="450" caption="false" /></a></p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>About Section 66A:</strong><br />
<ul style="list-style-type: circle;">
<li>It <strong>empowered police</strong> to make arrests over what policemen, in terms of their subjective discretion, could construe as <strong>&ldquo;offensive&rdquo; or &ldquo;menacing&rdquo; or for the purposes of causing annoyance, inconvenience, etc.</strong></li>
<li>It prescribed the <strong>punishment for sending messages through a computer</strong> or <strong>any other communication device</strong> like a mobile phone or a tablet, and a conviction could fetch a <strong>maximum of three years in jail.</strong></li>
</ul>
</li>
<li><strong>Issues with Section 66A:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Based on Undefined Actions:</strong><br />
<ul style="list-style-type: disc;">
<li>The court observed that the <strong>weakness of Section 66A lay in the fact</strong> that it had created an <strong>offence on the basis of undefined actions:</strong> such as causing <strong>&ldquo;inconvenience, danger, obstruction and insult&rdquo;</strong>, which do not fall among the exceptions granted under <strong>Article 19 of the Constitution</strong>, which <strong>guarantees the freedom of speech.</strong></li>
</ul>
</li>
<li><strong>Subjective Nature:</strong><br />
<ul style="list-style-type: disc;">
<li>The court also <strong>observed that the challenge was to identify</strong> where to draw the line. Traditionally, it has been drawn at incitement while terms like <strong>obstruction and insult remain subjective.</strong></li>
</ul>
</li>
<li><strong>No Procedural Safeguards:</strong><br />
<ul style="list-style-type: disc;">
<li>In addition, the court had noted that <strong>Section 66A did not have procedural safeguards like other sections of the law</strong> with similar aims, such as the need to obtain the concurrence of the Centre before action can be taken.<br />
<ul style="list-style-type: disc;">
<li>Local authorities could proceed autonomously, literally on the whim of their political masters.</li>
</ul>
</li>
<li>The <strong>Court did not strike down</strong> two other provisions- <strong>sections 69A and 79 of the IT Act &ndash;</strong> and said that they can remain enforced with certain restrictions.<br />
<ul style="list-style-type: disc;">
<li><strong>Section 69A provides power</strong> to issue directions to<strong> block public access of any information</strong> through any computer resource and <strong>Sec 79 provides for exemption from liability of intermediar</strong>y in certain cases.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Against the Fundamental Rights:</strong><br />
<ul style="list-style-type: disc;">
<li>Section 66A was <strong>contrary to both Articles 19 (free speech) and 21 (right to life) of the Constitution.</strong> <br />
<ul style="list-style-type: disc;">
<li><strong>Right to know</strong> is the species of the <strong>right to speech and expression</strong> provided by the <strong>Article 19(1) (a) of the constitution of India.</strong></li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>There is a pressing <strong>need to move from a system where communication about judicial decisions</strong> is at the mercy of initiatives by scrupulous officers, to a method not <strong>contingent on human error to the greatest possible extent.</strong> The urgency cannot be overstated.</li>
<li><strong>Enforcing unconstitutional laws</strong> is sheer wastage of public money.</li>
<li>But more importantly, <strong>until this basic flaw is addressed</strong>, certain persons will remain exposed to denial of their right to life and personal liberty in the worst possible way imaginable.</li>
<li>They will s<strong>uffer the indignity of lawless arrest and detention</strong>, for no reason other than their poverty and ignorance, and inability to demand their rights.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/distressing-and-shocking-that-people-are-still-tried-under-section-66a-of-it-act-says-sc/article35142975.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 8826,
		'category_id' => (int) 22,
		'title' => 'Democracy of the Collegium System',
		'description' => '<div class="border">
<p>This article is based upon <a href="https://indianexpress.com/article/opinion/columns/judges-appointment-what-is-the-collegium-systems-role-in-protecting-democracy-7395735/" target="_blank" rel="noopener"><strong>&ldquo;The Judicious Choice&rdquo;</strong> </a>which was published in the Indian Express on 09/07/2021. It talks about the significance of an independent and transparent collegium system in a democratic country like India.</p>
</div>
<p>Amongst the constitutional institutions designed to protect democracy, the pride of place is enjoyed by the Indian judiciary. The nation, citizens and the judiciary must guard against the dilution of its independence.</p>
<p>To ensure democracy in the <a href="/loksabha-rajyasabha-discussions/the-big-picture-accessible-and-affordable-judicial-system" target="_blank" rel="noopener"><strong>judicial system</strong></a>, a novel mechanism of the<a href="/daily-updates/daily-news-analysis/collegium-system-for-the-appointment-of-judges" target="_blank" rel="noopener"><strong> Collegium System</strong></a> was established in 1993.</p>
<p>The purpose of the collegium system is to ensure that the opinion of the <a href="/daily-updates/daily-news-analysis/n-v-ramana-48th-chief-justice-of-india#:~:text=Ramana%2C%20the%20senior%20most%20judge,till%2026th%20August%2C%202022." target="_blank" rel="noopener"><strong>Chief Justice of India (CJI)</strong></a> is not his individual opinion, but the one formed collectively by a body of judges of the highest integrity in the judiciary.</p>
<p>However, the efficiency of the collegium system has been challenged time to time in terms of its independence and transparency of judicial appointments and other decisions.</p>
<p>For maintaining the faith of citizens in the judiciary, the collegium must shield itself from further erosion of its independence by scrupulously following the law.</p>
<h3>The Collegium System</h3>
<ul style="list-style-type: square;">
<li><strong>Collegium System:</strong> It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of <a href="/daily-updates/daily-news-analysis/parliament-sessions" target="_blank" rel="noopener"><strong>Parliament</strong></a> or by a provision of the Constitution.<br />
<ul style="list-style-type: circle;">
<li>The SC collegium is headed by the CJI and comprises four other senior most judges of the court.</li>
<li>A HC collegium is led by its Chief Justice and four other senior most judges of that court</li>
</ul>
</li>
<li><strong>Constitutional Provisions:</strong> Article 124(2) of the Indian Constitution provides that the Judges of the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> are appointed by the President after consultation with such a number of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.<br />
<ul style="list-style-type: circle;">
<li>As per Article 217, the Judge of a High Court shall be appointed by the President in consultation with the CJI and the State <a href="/to-the-points/Paper2/governor" target="_blank" rel="noopener"><strong>Governor</strong></a>, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.</li>
</ul>
</li>
<li><strong>Role of Government:</strong> The government&rsquo;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.<br />
<ul style="list-style-type: circle;">
<li>It can also raise objections and seek clarifications regarding the collegium&rsquo;s choices, but if the collegium reiterates the same names, the government is bound, under Constitution Bench judgments, to appoint them as judges.</li>
</ul>
</li>
</ul>
<h3>Issues Associated with Collegium System</h3>
<ul style="list-style-type: square;">
<li><strong>Lack of Transparency:</strong> The lack of a written manual for functioning, the<strong> absence of selection criteria, the arbitrary reversal of decisions</strong> already taken, the selective publication of records of meetings prove the <strong>opaqueness of the collegium system.</strong> <br />
<ul style="list-style-type: circle;">
<li>No one knows how judges are selected, and the appointments made raise the concerns of propriety, self-selection and nepotism.</li>
<li>The system often <strong>overlooks several talented junior judges and advocates.</strong></li>
</ul>
</li>
<li><strong>NJAC, A Missed Opportunity:</strong> The <a href="/mains-practice-question/question-94" target="_blank" rel="noopener"><strong>National Judicial Appointments Commission (NJAC)</strong></a> could guarantee the independence of the system from inappropriate politicization, strengthen the quality of appointments and rebuild public confidence in the system.<br />
<ul style="list-style-type: circle;">
<li>The decision was struck down by the SC in 2015 on the ground that it posed a threat to the independence of the judiciary.</li>
</ul>
</li>
<li><strong>Lack of Consensus among Members:</strong> The collegium members often face the issue of mutual consent regarding appointment of judges. <br />
<ul style="list-style-type: circle;">
<li>The shadow of <strong>mistrust between the members of the collegium</strong> exposes the fault lines within the judiciary.</li>
<li>For instance, recently retired CJI Sharad A. Bobde was perhaps the first chief justice to have not made even a single recommendation for appointment as SC judge due to lack of consensus among the collegium members.</li>
</ul>
</li>
<li><strong>Unequal Representation:</strong> The other area of concern is the composition of the higher judiciary. While data regarding caste is not available, <strong>women are fairly underrepresented</strong> in the higher judiciary.</li>
<li><strong>Delay in Judicial Appointments:</strong> The process of judicial appointment is delayed due to <strong>delay in recommendations by the collegium</strong> for the higher judiciary.</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Preserving the Independence of Judiciary:</strong> Filling up of vacancies is a continuous and collaborative process involving the executive and the judiciary. <br />
<ul style="list-style-type: circle;">
<li>However, it is time to think of a permanent, independent body to institutionalize the process with adequate safeguards to preserve the judiciary&rsquo;s independence guaranteeing judicial primacy but not judicial exclusivity.<br />
<ul style="list-style-type: disc;">
<li>It should ensure independence, reflect diversity, demonstrate professional competence and integrity.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Changing the Procedure of Recommendation:</strong> Instead of selecting the number of judges required against a certain number of vacancies, the collegium must provide a panel of possible names to the President to appoint in order of preference and other valid criteria.</li>
<li><strong>Reconsidering the Establishment of NJAC:</strong> The Supreme Court may amend the NJAC Act to have safeguards that would make it constitutionally valid and reorganize the NJAC to ensure that the judiciary retains majority control in its decisions.</li>
<li><strong>Ensuring Transparency:</strong> The collegium members have to make a fresh start and engage with each other. <br />
<ul style="list-style-type: circle;">
<li>A transparent process adds accountability that is much needed to resolve the deadlock.</li>
<li>Individual disagreements over certain names will continue to take place, but care must be taken that the institutional imperative of dispensation of justice does not suffer.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>It is of the utmost importance that the Judiciary, which is the main bulwark of civil liberties, should be completely independent and separated from direct and indirect influence of the Executive.</p>
<p>Identifying and selecting the judges of the highest integrity for appointment to the highest courts of the land is the least that can be done to ensure independence of the judicial system of India.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #f9f7ff;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Discuss the significance of &lsquo;Democracy in the Collegium System and vice versa&rsquo; and analyse how it is gradually eroding from India and what is the way ahead.</p>
</td>
</tr>
</tbody>
</table>
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	(int) 5 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8796,
		'category_id' => (int) 22,
		'title' => 'All India Judicial Service',
		'description' => '<div class="border">
<p>This article is based on <a href="https://www.thehindu.com/opinion/op-ed/will-a-national-judiciary-work/article35157303.ece" target="_blank" rel="noopener"><strong>&ldquo;Will a national judiciary work?&rdquo;</strong></a> which was published in The Hindu on 06/07/2021. It talks about the arguments in favour and against the establishment of All-India Judicial Service.</p>
</div>
<p>The government of India has recently proposed to pass a bill to establish an All-India Judicial Service (AIJS) to recruit officers for subordinate courts through an entrance test.</p>
<p>The provision of an all-India judicial service (AIJS) on the lines of the Indian Administrative Service and the Indian Police Service was mooted soon after Independence.</p>
<p>In the present times, the idea of AIJS is being proposed in the <a href="/loksabha-rajyasabha-discussions/the-big-picture-accessible-and-affordable-judicial-system" target="_blank" rel="noopener"><strong>backdrop of judicial reforms</strong></a>, especially to check persisting vacancies in judiciary and pendency of cases. The establishment of AIJS is a positive step, but faces many constitutional and legal hurdles.</p>
<h3>Constitutional Perspective To AIJS</h3>
<ul style="list-style-type: square;">
<li>The AIJS was first proposed by the 14<sup>th</sup> report of the Law Commission in 1958.</li>
<li>The 42<sup>nd</sup> Constitutional amendment in 1976 amended Article 312 (1) empowering Parliament to make laws for the creation of one or more All-India Services, including an AIJS, common to the Union and the States.</li>
<li>Under Article 312, Rajya Sabha is required to pass a resolution supported by not less than two-thirds of its members present and voting. Thereafter, Parliament has to enact a law creating the AIJS.<br />
<ul style="list-style-type: circle;">
<li>This means no constitutional amendment will be required for establishment of AIJS.</li>
</ul>
</li>
<li>The Supreme Court of India also endorsed the same in the All India Judges Association vs. Union of India&rsquo; case (1993) laying down that AIJS should be set up.</li>
</ul>
<h3>Advantages of AIJS</h3>
<ul style="list-style-type: square;">
<li><strong>Addressing Judges To Population Ratio:</strong> A Law Commission report (1987) recommended that India should have 50 judges per million population as against 10.50 judges (then). <br />
<ul style="list-style-type: circle;">
<li>Now, the figure has crossed 20 judges in terms of the sanctioned strength, but it&rsquo;s nothing compared to the US or the UK &mdash; 107 and 51 judges per million people, respectively.</li>
<li>Thus, AIJS envisages to bridge the underlying gap in judicial vaccines.</li>
</ul>
</li>
<li><strong>Higher Representation of Marginalised Sections of Society:</strong> According to the Government, the AIJS to be an ideal solution for equal representation of the marginalised and deprived sections of society.</li>
<li><strong>Attracting Talent Pool:</strong> The government believes that if such a service comes up, it would help create a pool of talented people who could later become a part of the higher judiciary</li>
<li><strong>Bottoms-Up Approach:</strong> The bottoms-up approach in the recruitment would also address issues like corruption and nepotism in the lower judiciary. It will improve the quality of justice dispensation in the lower levels of society.</li>
</ul>
<h3>Associated Challenges</h3>
<ul style="list-style-type: square;">
<li><strong>Dichotomy Betwwen Articles 233 and 312:</strong> As per Article 233, recruitment to subordinate judiciary is the prerogative of the State.<br />
<ul style="list-style-type: circle;">
<li>Due to this, many states and high courts have opposed the idea on the ground that it would go against federalism.</li>
<li>If the fundamental power of the States to make such rules and govern the appointment of district judges is taken away, it may be against the principle of federalism and the basic structure doctrine.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Note</strong></p>
<ul style="list-style-type: square;">
<li>Article 233(1) of the Constitution lays down that &ldquo;appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State&rdquo;.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li><strong>Language Barrier:</strong> 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.<br />
<ul style="list-style-type: circle;">
<li>Thus, another fundamental concern regarding AIJS is the language barrier.</li>
</ul>
</li>
<li><strong>Constitutional Limitation:</strong> Clause 3 of Article 312 places a restriction that AIJS shall not include a post inferior to that of a district judge.<br />
<ul style="list-style-type: circle;">
<li>Thus, appointment of subordinate judiciary through AIJS, may face a constitutional barrier.</li>
</ul>
</li>
<li><strong>Dilution of Adminstarrtive Control of High Court:</strong> Creation of AIJS would lead to an erosion of control of the High Courts over the subordinate judiciary, which might affect the judiciary&rsquo;s independence.</li>
</ul>
<h3>Conclusion</h3>
<p>The insurmountable number of pending cases calls for establishment of a recruitment system that recruits efficient judges in large numbers for speedy dispensation of cases. However, before AIJS gets into the legislative framework, there is a need to build consensus and take a decisive step towards the AIJS.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fffdfa;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>The establishment of All India Judicial Service is a positive step but faces many constitutional and legal hurdles. Discuss.</p>
</td>
</tr>
</tbody>
</table>',
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		'article_id' => (int) 8725,
		'category_id' => (int) 21,
		'title' => 'Gujarat Prohibition Law',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <strong>Gujarat Prohibition Act, 1949 has been challenged</strong> before the Gujarat High Court, more than seven decades after it came into effect as the <strong>Bombay Prohibition Act.</strong></p>
<ul style="list-style-type: square;">
<li>The <strong>prohibition on manufacture, sale and consumption of liquor in the state vide the Gujarat Prohibition Act, 1949</strong>, has been challenged on grounds of 'manifest arbitrariness' and violation of 'right to privacy'.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Bombay Abkari Act, 1878:</strong> The first hint at the prohibition of liquor was through the Bombay Abkari Act, 1878 (in the Province of Bombay). <br />
<ul style="list-style-type: disc;">
<li>This Act dealt with levying of duties on intoxicants, among other things and aspects of prohibition via amendments made in 1939 and 1947.</li>
</ul>
</li>
<li><strong>Bombay Prohibition Act, 1949:</strong> There were &ldquo;many lacuna&rdquo; in the Bombay Abkari Act, 1878, from the point of view of the government&rsquo;s decision to enforce prohibition. <br />
<ul style="list-style-type: disc;">
<li>This led to the birth of <strong>Bombay Prohibition Act, 1949.</strong></li>
<li>The <strong><a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener">Supreme Court</a> (SC) upheld the Act</strong> broadly barring a few sections in 1951 in the judgment of <em><strong>State of Bombay and another versus FN Balsara.</strong></em></li>
</ul>
</li>
<li><strong>Gujarat Prohibition Act, 1949:</strong> <br />
<ul style="list-style-type: disc;">
<li>Following the <strong>reorganisation of Bombay province into the states of Maharashtra and Gujarat in 1960</strong>, there was continued amendment and<strong> liberalisation in the state of Maharashtra</strong>, especially in 1963.<br />
<ul style="list-style-type: disc;">
<li>The ground for the liberalisation of the law was to check the business of illicit liquor.</li>
</ul>
</li>
<li>Gujarat<strong> adopted the prohibition policy in 1960</strong> and subsequently chose to enforce it with greater rigidity, but also made processes easier for foreign tourists and visitors to get liquor permits.</li>
<li>In 2011, the Act was <strong>renamed as Gujarat Prohibition Act.</strong> In 2017, the <strong>Gujarat Prohibition (Amendment) Act</strong> was passed with provision of up to ten years jail for manufacturing, purchase, sale and transportation of liquor in the dry state.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Grounds for Challenging the Act:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>The right of privacy:</strong> Any invasion by the state in an individual&rsquo;s right to choice of food and beverage amounts to an unreasonable restriction and destroys the individual&rsquo;s decisional and bodily autonomy. <br />
<ul style="list-style-type: disc;">
<li><a href="/daily-updates/daily-news-editorials/privacy-judgement-and-the-aftermath" target="_blank" rel="noopener"><strong>Right to privacy</strong></a> has been held as a fundamental right by the Supreme Court in several judgments since 2017.</li>
</ul>
</li>
<li><strong>Ground of Manifest Arbitrariness:</strong> It has been especially highlighted while <strong>challenging sections pertaining to grant of health permits and temporary permits to out-of-state tourists.</strong><br />
<ul style="list-style-type: disc;">
<li>The petitioner says that there are no intelligible differences in the classes thus being created by the state on who gets to drink and who does not and <strong>violates the <a href="/to-the-points/Paper2/fundamental-rights-part-1#:~:text=Equality%20of%20Opportunity%20in%20Public,appointment%20to%20any%20public%20office." target="_blank" rel="noopener">Right to Equality</a> under Article 14 of the Constitution.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Counter Argument:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Aggravate the Sense of Violence:</strong> Various research and studies have shown that alcohol tends to aggravate the sense of violence. <br />
<ul style="list-style-type: disc;">
<li>Most of the domestic violence crimes against women and children are committed behind closed doors.</li>
</ul>
</li>
<li><strong>Constitutional Obligation of State:</strong> Challenging the law, is an &ldquo;attack on the constitutional obligation of the primary duty of the State as the guardian of the population to protect the health and lives of its people&rdquo;.</li>
<li><strong>National Prohibition</strong> was advocated by <a href="/daily-updates/daily-news-analysis/mahatma-gandhi-jayanti" target="_blank" rel="noopener"><strong>Mahatma Gandhi</strong></a>.</li>
</ul>
</li>
<li><strong>Arguments Against Prohibition:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Loss of Revenue:</strong> Tax revenues from alcohol is a major part of any government&rsquo;s revenues. These enable the government to finance several public welfare schemes. Absence of these revenues severely impacts state&rsquo;s ability to run public welfare programmes.</li>
<li><strong>Burden on Judiciary:</strong> Bihar introduced complete prohibition in April 2016. While it certainly has led to reduction in alcohol consumption, the related social, economic, and administrative costs have been far too much to justify gains. Prohibition crippled the judicial administration. <br />
<ul style="list-style-type: disc;">
<li>So far over 2.14 lakh cases have been registered under the Act; 2.55 lakh people have been booked and 1.67 lakh arrests have been made.</li>
<li>Ironically, liquor sales in districts in Uttar Pradesh and West Bengal bordering Bihar have seen a sharp rise.</li>
</ul>
</li>
<li><strong>Source of Employment:</strong> Today, Indian Made Foreign Liquors (IMFL) industry contributes over 1 lakh crore in taxes every year. It supports the livelihood of 35 lakh farming families and provides direct and indirect employment to lakhs of workers employed in the industry.</li>
</ul>
</li>
<li><strong>Prohibition in Other States:</strong> <br />
<ul style="list-style-type: circle;">
<li>Alcohol prohibition is in force in the states of <strong>Bihar, Mizoram, Nagaland</strong> and the <strong>union territory of Lakshadweep.</strong></li>
</ul>
</li>
<li><strong>Related Constitutional Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>State Subject:</strong> Alcohol is a subject in the <strong>State list under the <a href="/daily-updates/daily-news-analysis/federalism-and-emerging-challenges" target="_blank" rel="noopener">seventh schedule</a> of the Indian Constitution.</strong></li>
<li><strong>Article 47:</strong> The <strong>Directive Principle in the Constitution of India</strong> states that &ldquo;The state shall undertake rules to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health&rdquo;.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Between issues such as morality, prohibition or freedom of choice, there are also<strong> factors like economy, jobs, etc, which cannot be ignored.</strong> What is required is an informed and constructive dialogue on the causes and effects.</li>
<li>Policy makers should<strong> focus on framing laws which encourage responsible behavior and compliance.</strong><br />
<ul style="list-style-type: circle;">
<li>Drinking age should be made uniform across the country and no person below that should be permitted to buy alcohol.</li>
<li>Tough laws should be made against drunken behaviour in public, domestic violence under influence, and drinking and driving.</li>
<li>The governments should set aside part of revenue earned from alcohol for social education, de-addiction, and community support.</li>
</ul>
</li>
</ul>
<p><a href="https://indianexpress.com/article/explained/explained-70-years-on-why-gujarats-prohibition-law-is-being-challenged-in-court-7377782/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 7 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8680,
		'category_id' => (int) 21,
		'title' => 'Recusal of Judges',
		'description' => '<h3>Why in News</h3>
<p>Recently, two <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court (SC)</strong></a> judges have <strong>recused</strong> themselves from hearing cases relating to West Bengal.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Recusal:</strong><br />
<ul style="list-style-type: circle;">
<li>It is the<strong> act of abstaining from participation in an official action</strong> such as a legal proceeding <strong>due to a conflict of interest of the presiding court official or administrative officer.</strong></li>
</ul>
</li>
<li><strong>Reason for Recusal:</strong><br />
<ul style="list-style-type: circle;">
<li>When there is a <strong>conflict of interest,</strong> a judge can withdraw from hearing a case<strong> to prevent creating a perception that he carried a bias</strong> while deciding the case.</li>
<li>The<strong> conflict of interest can be in many ways</strong> such as:<br />
<ul style="list-style-type: disc;">
<li>Having a<strong> prior or personal association</strong> with a party involved in the case.</li>
<li><strong>Appeared for one of the parties</strong> involved in a case.</li>
<li>Ex parte <strong>communications with lawyers</strong> or non-lawyers.</li>
<li>An appeal is filed in the SC against a<strong> judgement of a High Court (HC) that may have been delivered by the SC judge</strong> when he was in the HC.</li>
<li>In a <strong>matter of a company in which he holds shares</strong> unless he has disclosed his interest and there is no objection to it.</li>
</ul>
</li>
<li>The practice stems from the <strong>cardinal principle of due process of law that nobody can be a judge in her own case.</strong> <br />
<ul style="list-style-type: disc;">
<li>Any<strong> interest or conflict of interest would be a ground to withdraw</strong> from a case since a judge has a duty to act fair.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Decision &amp; Process of Recusal:</strong><br />
<ul style="list-style-type: circle;">
<li>The decision to recuse <strong>generally comes from the judge himself</strong> as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. <br />
<ul style="list-style-type: disc;">
<li>Some judges<strong> orally convey to the lawyers involved in the case their reasons for recusal,</strong> many do not. <strong>Some explain the reasons</strong> in their order.</li>
</ul>
</li>
<li>In some circumstances,<strong> lawyers or parties in the case bring it up before the judge.</strong> Once a <strong>request is made for recusal,</strong> the <strong>decision to recuse or not rests with the judge.</strong> <br />
<ul style="list-style-type: disc;">
<li>While <strong>there are some instances where judges have recused even if they do not see a conflict</strong> but only because such an apprehension was cast, there have also been several cases where<strong> judges have refused to withdraw from a case.</strong></li>
</ul>
</li>
<li>If a judge recuses, <strong>the case is listed before the <a href="/daily-updates/daily-news-analysis/n-v-ramana-48th-chief-justice-of-india" target="_blank" rel="noopener">Chief Justice</a> for allotment to a fresh Bench.</strong></li>
</ul>
</li>
<li><strong>Rule for Recusal:</strong><br />
<ul style="list-style-type: circle;">
<li>There are<strong> no formal rules governing recusals,</strong> although several SC judgments have dealt with the issue.<br />
<ul style="list-style-type: disc;">
<li>In<em><strong> Ranjit Thakur v Union of India (1987),</strong></em> the SC held that the test of the likelihood of bias is the reasonableness of the apprehension in the mind of the party.</li>
<li>The judge <strong>needs to look at the mind of the party before him,</strong> and decide that he is biased or not.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Concerns:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Undermining Judicial Independence:</strong><br />
<ul style="list-style-type: disc;">
<li>It allows litigants to cherry-pick a bench of their choice, which <strong>impairs judicial fairness.</strong></li>
<li>Also, the purpose of recusal in these cases <strong>undermines both independence and impartiality of the judges.</strong></li>
</ul>
</li>
<li><strong>Different Interpretations:</strong><br />
<ul style="list-style-type: disc;">
<li>As there are <strong>no rules to determine when the judges could recuse themselves</strong> in these cases, there are different interpretations of the same situation.</li>
</ul>
</li>
<li><strong>Delays the Process:</strong><br />
<ul style="list-style-type: disc;">
<li>Some requests for recusal are made with the<strong> intent to intimidate the court or to get better of an 'inconvenient' judge</strong> or to <strong>obfuscate the issues</strong> or to cause obstruction and <strong>delay the proceedings</strong> or in any other way frustrate or obstruct the course of justice.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Recusals should not be used as <strong>a tool to manoeuvre justice,</strong> as a means to pick benches of a party&rsquo;s choice, and <strong>as an instrument to evade judicial work.</strong></li>
<li>Judicial officers <strong>must resist all manner of pressure, regardless of where it comes</strong> <strong>from</strong> and if they deviate, <strong>the independence of the judiciary would be undermined,</strong> and in turn, the Constitution itself.</li>
<li>Therefore a <strong>rule that determines the procedure for recusal</strong> on part of judges should be made at the earliest.</li>
</ul>
<p><a href="https://indianexpress.com/article/explained/how-judges-recuse-from-cases-and-why-7371106/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 8 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8671,
		'category_id' => (int) 22,
		'title' => 'UAPA & Constitutional Freedom',
		'description' => '<div class="border">
<p>This article is based on<a href="https://indianexpress.com/article/opinion/columns/why-recent-judgments-in-uapa-cases-represent-limited-victory-7369546/" target="_blank" rel="noopener"><strong> &ldquo;A limited victory&rdquo;</strong></a> which was published in The Indian Express on 22/06/2021. It talks about the recent judgement of the Delhi High Court pertaining to UAPA and associated issues.</p>
</div>
<p>Recently, the<a href="/daily-updates/daily-news-analysis/redefining-boundaries-of-uapa-delhi-high-court" target="_blank" rel="noopener"><strong> judgment of the Delhi High Court</strong> </a>granted the bail to three activists, who have been in jail for over a year without trial, for their alleged role in the 2020 Delhi riots.</p>
<p>The judgment assumes significance because the charges were under the<strong><a href="/daily-updates/daily-news-editorials/unlawful-activities-prevention-amendment-bill-2019-and-the-related-issues" target="_blank" rel="noopener"> Unlawful Activities Prevention Act (UAPA), 1967</a>.</strong> UAPA is criticized by the civil society as antithetical to constitutional freedom to dissent, rule of law and fair trial.</p>
<p>The Delhi high court judgement is a step in the right direction, but there are many issues associated with the UAPA.</p>
<h3>UAPA Law</h3>
<ul style="list-style-type: square;">
<li>Originally enacted in 1967, the UAPA was amended to be modelled as an anti-terror law in 2004 and 2008.</li>
<li>In August 2019, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act.</li>
<li>In order to deal with the terrorism related crimes, it deviates from ordinary legal procedures and creates an exceptional regime where constitutional safeguards of the accused are curtailed.</li>
<li>Between 2016 and 2019, the period for which UAPA figures have been published by the National Crime Records Bureau (NCRB), a total of 4,231 FIRs were filed under various sections of the UAPA, of which 112 cases have resulted in convictions. <br />
<ul style="list-style-type: circle;">
<li>This frequent application of UAPA indicates that it is often misused and abused like other anti-terror laws in the past in India such as POTA (Prevention of Terrorism Act) and TADA (Terrorist and Disruptive Activities (Prevention) Act).</li>
</ul>
</li>
</ul>
<h3>Associated Issues</h3>
<ul style="list-style-type: square;">
<li><strong>Vague Definition of Terrorist Act:</strong> The definition of a &ldquo;terrorist act&rdquo; under the UAPA substantially differs from the definition promoted by the United Nations (UN) Special Rapporteur on the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism. <br />
<ul style="list-style-type: circle;">
<li>According to Special Rapporteur to call an offence a &ldquo;terrorist act&rdquo;, three elements must be cumulatively present:<br />
<ul style="list-style-type: disc;">
<li>The means used must be deadly;</li>
<li>The intent behind the act must be to cause fear amongst the population or to compel a government or international organisation to do or refrain from doing something; and</li>
<li>The aim must be to further an ideological goal.</li>
</ul>
</li>
<li>UAPA, on the other hand, offers an overbroad and ambiguous definition of a &ldquo;terrorist act&rdquo; which includes the death of, or injuries to, any person, damage to any property, etc.</li>
</ul>
</li>
<li><strong>Denial of Bail:</strong> The major problem with the UAPA lies in its Section 43(D)(5), which prevents the release of any accused person on bail if, police have filed the chargesheet that there are reasonable grounds for believing that the accusation against such person is prima facie true.<br />
<ul style="list-style-type: circle;">
<li>The effect of Section 43(D)(5) is that once the police elect to charge an individual under the UAPA, it becomes extremely difficult for bail to be granted. Bail is a safeguard and guarantee of the constitutional right to liberty.</li>
</ul>
</li>
<li><strong>Pendency of Trails:</strong> Given the state of justice delivery system in India, the rate of pendency at the level of trial is at an average of 95.5 per cent.<br />
<ul style="list-style-type: circle;">
<li>This means that trials are completed every year in less than 5 per cent cases, signifying the reasons for long years of undertrial imprisonment.</li>
</ul>
</li>
<li><strong>State Overreach:</strong> It also includes any act that is &ldquo;likely to threaten&rdquo; or &ldquo;likely to strike terror in people&rdquo;, giving unbridled power to the government to brand any ordinary citizen or activist a terrorist without the actual commission of these acts.<br />
<ul style="list-style-type: circle;">
<li>It gives the state authority vague powers to detain and arrest individuals who it believes to be indulged in terrorist activities.</li>
<li>Thus, the state gives itself more powers vis-a-vis individual liberty guaranteed under Article 21 of the constitution.</li>
</ul>
</li>
<li><strong>Undermining Federalism:</strong> Some experts feel that it is against the federal structure since it neglects the authority of state police in terrorism cases, given that &lsquo;Police&rsquo; is a state subject under 7<sup>th</sup> schedule of Indian Constitution.</li>
</ul>
<h3>Significance of Judgement</h3>
<ul style="list-style-type: square;">
<li><strong>Limiting Scope:</strong> The court&rsquo;s judgment notes that as the UAPA is meant to deal with terrorist offences, its application must be limited to acts that can reasonably fall within a plausible understanding of &ldquo;terrorism&rdquo;.</li>
<li><strong>Confirming Constitutional Freedom:</strong> Earlier this year, the Supreme Court in Union of India v K A Najeeb 2021, held that despite restrictions on bail under the UAPA, constitutional courts can still grant bail on the grounds that the fundamental rights of the accused have been violated. <br />
<ul style="list-style-type: circle;">
<li>The Court held that the rigours of UAPA bail restrictions &ldquo;will melt down where there is no likelihood of trial being completed within a reasonable time.</li>
<li>The Delhi High Court took this reasoning a step further, holding that it would not be desirable for courts to wait till the accused&rsquo;s rights to a speedy trial are entirely vitiated before they are set at liberty.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>Drawing the line between individual freedom and state obligation to provide security is a case of classical dilemma. It is up to the state, judiciary, civil society, to strike a balance between constitutional freedom and the imperative of anti-terror activities.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fffffc;">
<p><span style="color: #333399;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>UAPA is criticized by the civil society as antithetical to constitutional freedom to dissent, rule of law and fair trial. Comment.</p>
</td>
</tr>
</tbody>
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	(int) 9 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8576,
		'category_id' => (int) 22,
		'title' => 'Digital Justice Delivery',
		'description' => '<div class="border">
<p>This article is based on<a href="https://www.thehindu.com/opinion/lead/the-promise-and-perils-of-digital-justice-delivery/article34773168.ece" target="_blank" rel="noopener"><strong> &ldquo;The promise and perils of digital justice delivery&rdquo;</strong> </a>which was published in The Hindu on 10/06/2021. It talks about the intended benefits and issues pertaining to proposed Phase III of the e-courts project.</p>
</div>
<p>In popular perception, Indian courts are associated with long delays and difficulties for ordinary litigants. According to data released by the Supreme Court in June 2020, 3.27 crore cases are pending before Indian courts, of which 85,000 have been pending for over 30 years.</p>
<p>Technological interventions in the form of <a href="/daily-updates/daily-news-analysis/e-courts-3" target="_blank" rel="noopener"><strong>e-courts</strong></a> are being established to address the issue of pendency and other problems.</p>
<p>However, technology can only be used to revolutionise India&rsquo;s courts when it operates within the constitutional framework of the fundamental rights of citizens. If not, technology can further exclusion, inequity and surveillance.</p>
<h3>The e-Courts Project: Background</h3>
<ul style="list-style-type: square;">
<li>The e-Committee of the Supreme Court of India recently released its draft vision document for Phase III of the e-Courts project.</li>
<li>Phases I and II had dealt with digitisation of the judiciary, i.e., e-filing, tracking cases online, uploading judgments online, etc. This has helped in easing justice delivery procedures.<br />
<ul style="list-style-type: circle;">
<li>For example, Phase II of the e-Courts project saw the development of the National Service and Tracking of Electronic Processes, a software that enabled e-service of summons.</li>
</ul>
</li>
<li>Despite some hiccups due to the Covid-19 pandemic, the Supreme Court and High Courts have been able to function online.</li>
<li>Phase III of the e-Courts project, reaffirms its commitment to the digitisation of court processes, and plans to upgrade the electronic infrastructure of the lower judiciary and enable access to lawyers and litigants.</li>
<li>Most importantly, the Phase III proposes an &ldquo;ecosystem approach&rdquo; to justice delivery.</li>
</ul>
<h3>Ecosystem Approach: Intended Benefits</h3>
<ul style="list-style-type: square;">
<li><strong>Seamless Exchange of Information:</strong> Through this data can be exchanged between various branches of the State, such as between the judiciary, the police and the prison systems through the<a href="/daily-updates/daily-news-analysis/pilot-project-to-integrate-police-stations-and-courts#:~:text=The%20Inter%2Doperable%20Criminal%20Justice,criminal%20courts%20and%20police%20stations.&amp;text=Tracking%20court%20proceedings%20would%20become%20easier%20for%20investigating%20officers." target="_blank" rel="noopener"><strong> Interoperable Criminal Justice System (ICJS).</strong></a></li>
<li><strong>Uniformity and Standardisation:</strong> Data aggregation under Phase III can be useful when it provides anonymous, aggregated, and statistical information about issues without identifying the individuals. <br />
<ul style="list-style-type: circle;">
<li>This could be made possible in Phase III by encouraging uniformity and standardisation of entry fields.</li>
</ul>
</li>
<li><strong>360-Degree Profiling:</strong> Phase III envisages creating a 360-degree profile of each person by integrating all of their interactions with government agencies into a unified database.<br />
<ul style="list-style-type: circle;">
<li>Once any government department moves online, their pen-and-paper registers will become excel sheets, shareable with a single click.</li>
<li>Localised data will become centralised which can lead to great advancements in problem-solving.</li>
</ul>
</li>
</ul>
<h3>Ecosystem Approach: Associated Challenges</h3>
<ul style="list-style-type: square;">
<li><strong>Exacerbating Inequalities:</strong> It has been pointed out by organisations such as the Criminal Justice and Police Accountability Project that the ICJS will likely exacerbate existing class and caste inequalities that characterise the police and prison system.<br />
<ul style="list-style-type: circle;">
<li>For Instance, the exercise of criminal data creation happens at local police stations.</li>
<li>Local stations have historically contributed to the criminalisation of entire communities through colonial-era laws such as the Criminal Tribes Act of 1871, by labelling such communities as &ldquo;habitual offenders&rdquo;.</li>
</ul>
</li>
<li><strong>Housing of Data With Home Ministry:</strong> This is of particular concern since the data collected, shared and collated through the e-Courts project will be housed within the Home Ministry under the ICJS.<br />
<ul style="list-style-type: circle;">
<li>While it is understandable why the courts could reasonably benefit from access to police and prison records, courts deal with a variety of matters, some of which may be purely civil, commercial or personal in nature.</li>
<li>There is no clear explanation offered for why the Home Ministry needs access to court data that may have absolutely no relation to criminal law.</li>
</ul>
</li>
<li><strong>Data Privacy Issue:</strong> Data aggregation can not violate the privacy standards that it set in <a href="/daily-updates/daily-news-editorials/privacy-judgement-and-the-aftermath#:~:text=Context,and%20liberty%20under%20Article%2021." target="_blank" rel="noopener"><strong>Puttaswamy v. Union of India (2017)</strong></a>, especially since India does not yet have a data protection regime.</li>
<li><strong>Fear of Targeted Surveillance:</strong> 360-degree profiling of an individual has been perfected by social media platforms and technology companies for targeted advertisements.<br />
<ul style="list-style-type: circle;">
<li>However, the difference is that when technology companies do this, we get targeted advertising, but if the government does it, we get targeted surveillance.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>Since the Phase III vision document is a draft, there is still an opportunity to use technology in order to streamline judicial processes, reduce pendency, and help the litigants. However, this should be done within the framework of our <a href="/to-the-points/Paper2/fundamental-rights-part-1" target="_blank" rel="noopener"><strong>fundamental rights.</strong></a></p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #f2faed;">
<p><em><strong>Drishti Mains Question</strong></em></p>
<p>Technology plays an important role in streamlining the justice delivery system, but it cannot be an end in itself. Discuss the statement in the context of the proposed Phase III e-court project.</p>
</td>
</tr>
</tbody>
</table>',
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	(int) 10 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8561,
		'category_id' => (int) 21,
		'title' => 'Draft Rules for Live-Streaming Court Proceedings',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong> </a>has released the <strong>Draft Model Rules for Live-Streaming and Recording of Court Proceedings.</strong></p>
<ul style="list-style-type: square;">
<li>The Rules are <strong>part of the National Policy and Action Plan for implementation of Information and Communication Technology (ICT)</strong> in the judiciary.</li>
<li>The Rules would cover live-streaming and recording of proceedings in <strong>High Courts, lower courts and tribunals.</strong></li>
<li>Earlier, the Chief Justice of India (CJI) launched an Artificial Intelligence (AI) based portal &lsquo;<a href="/daily-updates/daily-news-analysis/ai-portal-supace" target="_blank" rel="noopener"><strong>SUPACE</strong></a>&rsquo; in the judicial system aimed at assisting judges with legal research.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li>The Supreme Court in <em><strong>Swapnil Tripathi v Supreme Court of India</strong></em> (2018) had <strong>ruled in favour of opening up the apex court through live-streaming.</strong></li>
<li>It held that the <strong>live streaming proceedings are part of the right to access justice under Article 21</strong> (Protection of Life and Personal Liberty) of the Constitution</li>
<li><strong>Gujarat High Court was the first high court to livestream court proceedings</strong> followed by Karnataka high court.</li>
</ul>
</li>
<li><strong>Draft Rules:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Telecast of Proceedings: All proceedings</strong> in high courts can be telecast except for cases relating to <strong>matrimonial disputes, gender-based violence</strong>, those <strong>involving minors</strong> and <strong>&ldquo;cases, which</strong> in the opinion of the Bench, may provoke <strong>enmity amongst communities</strong> likely to result in a breach of law and order&rdquo;.</li>
<li><strong>Deciding Authority:</strong> The <strong>final decision</strong> as to <strong>whether or not to allow the Live-streaming</strong> of the Proceedings or any portion thereof <strong>will be of the Bench</strong>, however, the decision of the Bench will be guided by the principle of an open and transparent judicial process.<br />
<ul style="list-style-type: disc;">
<li>The <strong>decision of the Bench shall not be justiciable.</strong></li>
</ul>
</li>
<li><strong>Allow Objections:</strong> The <strong>rules allow for objections to be filed against live streaming</strong> in specific cases at the stage of filing of the case or at a later stage.</li>
<li><strong>Record of Proceedings:</strong> The draft rules allow for <strong>archiving of court proceedings for six months.</strong><br />
<ul style="list-style-type: disc;">
<li>The <strong>use of authorised recordings</strong> in their original form <strong>may be permitted by the court</strong>, inter-alia <strong>to disseminate news and for training, academic and educational purposes.</strong></li>
</ul>
</li>
<li><strong>Restrictions:</strong><br />
<ul style="list-style-type: disc;">
<li><strong>Discussion amongst judges</strong>, notes made by judges during hearings or <strong>communication between the advocate and her client</strong> will neither be telecast live nor archived.</li>
<li>The rules also <strong>prohibit recording or sharing the telecast on media platforms</strong>, including social media and messaging platforms, unless authorised by the court.</li>
<li>Recordings will <strong>not be used for commercial, promotional purposes or advertising</strong> in any form.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Possible Benefits:</strong><br />
<ul style="list-style-type: circle;">
<li>It can make the <strong>justice delivery system affordable, transparent, speedy and accountable</strong> by limiting the paper filings.</li>
<li>It can be <strong>time saving</strong> and hence can <strong>reduce the backlog of pending cases</strong> and reduce the number of unscrupulous activities.</li>
</ul>
</li>
<li><strong>Concerns:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Lack of technical manpower in courts</strong> and awareness amongst litigants, advocates and their acceptance to the system change.</li>
<li>A huge concern will be the <strong>cyber security threat.</strong></li>
<li>The live streaming of the Courts are <strong>susceptible to abuses.</strong> Thus, <strong>issues of privacy</strong> may arise.</li>
<li><strong>Infrastructure</strong>, especially the <strong>internet connectivity is also a big challenge</strong> in implementing the live proceedings of Courts.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>e-Courts Project</strong></p>
<ul style="list-style-type: square;">
<li>The e-Courts project was conceptualized on the basis of the <strong>&ldquo;National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary &ndash; 2005&rdquo;</strong> submitted by <a href="/daily-updates/daily-news-analysis/e-courts-3" target="_blank" rel="noopener"><strong>e-Committee</strong></a>, <strong>Supreme Court</strong> of India with a vision to transform the Indian Judiciary by ICT enablement of Courts.</li>
<li>The e-Courts Mission Mode Project, <strong>is a Pan-India Project</strong>, monitored and funded by the Ministry of Law and Justice for the District Courts across the country.</li>
<li><strong>The project envisages:</strong><br />
<ul style="list-style-type: circle;">
<li>To provide efficient &amp; time-bound citizen-centric services delivery as detailed in e-Court Project Litigant's Charter.</li>
<li>To develop, install &amp; implement decision support systems in courts.</li>
<li>To automate the processes to provide transparency in the accessibility of information to its stakeholders.</li>
<li>To enhance judicial productivity, both qualitatively &amp; quantitatively, to make the justice delivery system affordable, accessible, cost-effective, predictable, reliable and transparent.</li>
</ul>
</li>
</ul>
</div>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>There is a need for the <strong>deployment of a robust security system</strong> that provides secure access to case information for appropriate parties.</li>
<li>Further, the government <strong>needs to identify and develop the infrastructure</strong> that would be required to support the e-court project.</li>
<li>Solutions that will address the challenges such as inordinate delays in disposal of cases in courts, facilitating access to speedy resolution of commercial disputes by economic operators, making the justice system user friendly and affordable to all and improving the quality of legal aid services in the country would be imperative to drive the functioning of e-courts.</li>
</ul>
<p><a href="https://indianexpress.com/article/cities/delhi/no-proceedings-on-gender-violence-cases-that-may-cause-enmity-among-communities-sc-panel-releases-draft-livestreaming-rules-7348703/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 11 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8449,
		'category_id' => (int) 22,
		'title' => 'Pendency of Cases',
		'description' => '<div class="border">
<p>This article is based on <a href="https://indianexpress.com/article/opinion/columns/coronanvirus-pandemic-virtual-hearing-india-courts-judiciary-system-7328862/" target="_blank" rel="noopener"><strong>&ldquo;Spike in other caseload&rsquo;'</strong></a> which was published in The Indian Express on 25/05/2021. It talks about the delays and inefficiencies arising from the huge pendencies of cases in the Indian courts.</p>
</div>
<p>The Covid-19 pandemic has impacted virtually every aspect of socio-economic-political setup in India and quite obviously Judiciary hasn&rsquo;t been immune to it. By and large, the courts have not worked with a full caseload since March 2020.</p>
<p>As a result, when the lockdown of March 2020 was declared, there were 3.68 crore cases across all levels; which have already shot up to 4.42 crore.</p>
<p>These delays and inefficiencies arising from the heavy dockets in Indian courts have long been a matter of concern and complements the saying that justice delayed is justice denied.</p>
<p>Thus<a href="/printpdf/the-big-picture-strengthening-judicial-apparatus#:~:text=Huge%20Pendency%3A%20Close%20to%202.7,in%20the%20next%20three%20decades." target="_blank" rel="noopener"><strong> Judicial reforms</strong></a>, if taken seriously, expeditious and effective justice can see the light of day.</p>
<h3>Reasons for Delay</h3>
<ul style="list-style-type: square;">
<li><strong>Persisting Vacancies:</strong> Across India, there are vacancies against even the sanctioned strengths of courts and in the worst performing states those vacancies exceed 30 per cent.<br />
<ul style="list-style-type: circle;">
<li>Due to this, the average waiting period for trial in lower courts is around 10 years and 2-5 years in HCs.</li>
</ul>
</li>
<li><strong>Poor State of Subordinate Judiciary:</strong> District courts across the country also suffer from inadequate infrastructure and poor working conditions, which need drastic improvement, particularly if they are to meet the digital expectations raised by the higher judiciary. <br />
<ul style="list-style-type: circle;">
<li>Also, there is a yawning digital divide between courts, practitioners and clients in metropolitan cities and those outside. Overcoming the hurdles of decrepit infrastructure and digital illiteracy will take years.</li>
</ul>
</li>
<li><strong>Government, the Biggest Litigant:</strong> Poorly drafted orders have resulted in contested tax revenues equal to 4.7 per cent of the GDP and it is rising.<br />
<ul style="list-style-type: circle;">
<li>Crowding out investment: Roughly Rs 50,000 crore are locked up in stalled projects and investments are reducing. Both these complications have arisen because of injunctions and stay orders granted by the courts primarily due to poorly drafted and poorly reasoned orders.</li>
</ul>
</li>
<li><strong>Less budgetary allocation:</strong> The budget allocated to the judiciary is between 0.08 and 0.09 per cent of the GDP. Only four countries &mdash; Japan, Norway, Australia and Iceland &mdash; have a lesser budget allocation and they do not have problems of pendency like India.</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Increasing Strength of Judicial Service:</strong> One of the solutions is to substantially increase the strength of the judicial services by appointing more judges at the subordinate level &mdash; improvements must start from the bottom of the pyramid. <br />
<ul style="list-style-type: circle;">
<li>Strengthening the subordinate judiciary also means providing it with administrative and technical support and prospects for promotion, development and training.</li>
<li>Institutionalising All-India Judicial Service can be a step in the right direction.</li>
</ul>
</li>
<li><strong>Adequate Budgeting:</strong> The appointments and improvements will require significant but absolutely necessary expenditure. <br />
<ul style="list-style-type: circle;">
<li>The recommendations of the Fifteenth Finance Commission and the India Justice Report 2020 have raised the issue and suggested ways to earmark and deploy funds.</li>
</ul>
</li>
<li><strong>Hibernating Unnecessary PILs:</strong> The Supreme Court should mandate summary disposal of all &lsquo;hibernating&rsquo; <a href="/daily-updates/daily-news-editorials/pils-from-public-interest-to-publicity-interest-litigations" target="_blank" rel="noopener"><strong>PILs</strong></a> &ndash; those pending for more than 10 years before HCs &ndash; if they do not concern a question of significant public policy or law.</li>
<li><strong>Correcting Historical Inequalities:</strong> Reforms in Judiciary should also encompass addressing social inequalities within the judiciary.<br />
<ul style="list-style-type: circle;">
<li>Women judges, and judges from historically-marginalised castes and classes must finally be given a fair share of seats at the table.</li>
</ul>
</li>
<li><strong>Promoting Alternative Dispute Resolution:</strong> It should be mandated that all commercial litigation will be entertained only if there is an affidavit from the petitioner that mediation and conciliation have been attempted and have failed. <br />
<ul style="list-style-type: circle;">
<li>Mechanisms such as ADR (Alternate Dispute Resolution), Lok Adalats, Gram Nyayalayas should be effectively utilised.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<p>Courts are sitting on a pendency bomb and it has never been more urgent to strengthen the judiciary. Thus, there is a need to take a holistic and realistic view of the present situation of the Indian Judiciary.</p>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fefff5;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Courts are sitting on a pendency bomb and it has never been more urgent to strengthen the Indian judiciary. Discuss.</p>
</td>
</tr>
</tbody>
</table>',
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	(int) 12 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8396,
		'category_id' => (int) 21,
		'title' => 'Independent Collegium for Election Commission',
		'description' => '<h3>Why in News</h3>
<p>Recently, a petition was filed in the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court (SC)</strong></a> seeking the <strong>constitution of an independent collegium to appoint members of the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener">Election Commission</a>.</strong></p>
<div class="border-bg">
<p><strong>Election Commission of India</strong></p>
<ul style="list-style-type: square;">
<li><strong>About:</strong><br />
<ul style="list-style-type: circle;">
<li>It is an<strong> autonomous constitutional authority</strong> responsible for administering <strong>Union and State election</strong> processes in India.</li>
<li>The body administers elections to the<strong> Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice President in the country.</strong></li>
<li><strong>Article 324 of the Constitution:</strong> It provides for appointment of a Election commission to superintend, direct and control the elections.</li>
</ul>
</li>
<li><strong>Structure :</strong><br />
<ul style="list-style-type: circle;">
<li>Originally the commission had only one election commissioner but after the<strong> Election Commissioner Amendment Act 1989,</strong> it has been made a multi-member body.</li>
<li>The commission <strong>presently consists of one <a href="/daily-updates/daily-news-analysis/chief-election-commissioner" target="_blank" rel="noopener">Chief Election Commissioner (CEC)</a> and two <a href="/daily-updates/daily-news-analysis/election-commissioner" target="_blank" rel="noopener">Election Commissioners (ECs).</a></strong></li>
<li>The secretariat of the <strong>commission is located in New Delhi.</strong></li>
</ul>
</li>
</ul>
</div>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Present System of Appointment:</strong><br />
<ul style="list-style-type: circle;">
<li>There is <strong>no prescribed procedure for appointment</strong> of the<strong> CEC </strong>and<strong> EC as per the Constitution.</strong></li>
<li>Under the Transaction of Business rules 1961, <strong>the President shall appoint the CEC and EC</strong> based on the <strong>recommendations made by the Prime Minister.</strong><br />
<ul style="list-style-type: disc;">
<li>Therefore, it is the<strong> executive power of the President</strong> to appoint CEC and ECs.</li>
</ul>
</li>
<li>However, according to <strong><a href="/daily-updates/daily-news-editorials/is-the-election-commission-of-india-free" target="_blank" rel="noopener">Article 324</a>(5), the Parliament has the power to regulate the terms of conditions of service and tenure of ECs. </strong><br />
<ul style="list-style-type: disc;">
<li><strong>Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991</strong> was passed to determine the conditions of service of the CEC and other ECs and to provide for the procedure for transaction of business by the ECI.</li>
</ul>
</li>
<li>It is under <strong>Article 324(5)</strong> that the Parliament has made laws till date, and not under <strong>Article 324(2)</strong> in which the Parliament can establish a selection committee for regulating the appointments made by the President.<br />
<ul style="list-style-type: disc;">
<li><strong>Article 324(2)</strong> states that the President shall, with aid and advice of the Council of Ministers, appoint CEC and ECs, till Parliament enacts a law fixing the criteria for selection, conditions of service and tenure.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Need for an Independent Collegium:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Recommendation of Committees:</strong><br />
<ul style="list-style-type: disc;">
<li>The recommendation to have a neutral collegium to fill up vacancies in the Election Commission have been given by<strong> several expert committees, commissions from 1975.</strong></li>
<li>The recommendation was also part of the <strong><a href="/loksabha-rajyasabha-discussions/the-big-picture-election-commission-collegium-system-appointments" target="_blank" rel="noopener">Law Commission&rsquo;s 255<sup>th</sup> report</a> in March 2015.</strong></li>
<li>In <strong>2009,</strong> the<a href="/summary-of-important-reports/right-to-information-master-key-to-good-governance-2nd-arc" target="_blank" rel="noopener"><strong> Second Administrative Reforms Commission</strong></a> in its fourth report suggested a collegium system for CEC and ECs.</li>
<li>In <strong>1990,</strong> the<strong> Dinesh Goswami Committee</strong> recommended effective consultation with neutral authorities like the Chief Justice of India and the Leader of the Opposition for the appointment in the Election Commission.</li>
<li>In <strong>1975, the Justice Tarkunde Committee</strong> recommended that the members of the Election Commission should be appointed by the President on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.</li>
</ul>
</li>
<li><strong>Insulation from Political and Executive Interference:</strong><br />
<ul style="list-style-type: disc;">
<li>The appointment of members of the Election Commission on the whims and fancies of the Executive <strong>violates the very foundation on which it was created,</strong> thus, making the Commission a branch of the Executive.</li>
</ul>
</li>
<li><strong>Unfair Election Process:</strong><br />
<ul style="list-style-type: disc;">
<li>The Election Commission is <strong>not only responsible for conducting free and fair elections, but it also renders a quasi judicial function</strong> between the various political parties including the ruling government and other parties.</li>
<li>In such circumstances, the Executive cannot be the sole participant in the appointment of members of the Election Commission as it gives <strong>unfettered discretion to the ruling party</strong> to choose someone whose loyalty to it is ensured and thereby renders the selection process vulnerable to manipulation.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Challenges:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Similar Demand for Others:</strong> <br />
<ul style="list-style-type: disc;">
<li>For other constitutional positions, similar demands can be raised where it is the imperative of the executive to make such appointments like for<a href="/daily-updates/daily-news-analysis/attorney-general-of-india" target="_blank" rel="noopener"><strong> Attorney General</strong></a> or <a href="/daily-updates/daily-news-analysis/comptroller-and-auditor-general-1" target="_blank" rel="noopener"><strong>Comptroller &amp; Auditor-General.</strong></a></li>
<li>For the appointment of<a href="/important-institutions/drishti-specials-important-institutions-national-institutions/central-bureau-of-investigation-cbi" target="_blank" rel="noopener"><strong> Central Bureau of Investigation (CBI)</strong> </a><strong>director</strong> and the <a href="/daily-updates/daily-news-analysis/central-vigilance-commission-2#:~:text=Background%3A,statutory%20status%20on%20the%20CVC." target="_blank" rel="noopener"><strong>Central Vigilance Commissioner</strong></a>, committees are constituted. But these are statutory positions. As of now, there is no committee for constitutional appointments.</li>
</ul>
</li>
<li><strong>Distinction between CEC &amp; EC:</strong> <br />
<ul style="list-style-type: disc;">
<li>There is a difference between the position of a CEC &amp; EC. The <strong>appointments to both the positions may differ</strong> according to the task they perform.</li>
<li>Therefore, <strong>to differentiate the process of appointment which is still done on an ad-hoc basis</strong> (because of absence of any constitutional law) <strong>becomes a challenging task</strong> that needs to be addressed properly to ensure the independent working of the commission.</li>
</ul>
</li>
<li><strong>Judicial Overreach:</strong><br />
<ul style="list-style-type: disc;">
<li>The SC interprets any law on the basis of provisions of the constitution, and constitutionally the <strong>decision for appointment procedure of EC comes under executive domain.</strong></li>
<li>Thereby, <strong>decisions by the SC</strong> in this regard <strong>can possibly shake the harmonious balance of power.</strong></li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Deficiencies in the present system of appointment process needs to be removed. And <strong>adequate safeguards must be put into place to ensure that ethical and capable people head the concerned positions.</strong></li>
<li>There is a <strong>need for debate and discussions in the Parliament on the issue of independence of ECI</strong> and consequently passing of required legislation.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/plea-for-independent-panel-to-appoint-ec-members/article34581010.ece" target="_blank" rel="noopener"><strong>Source:TH</strong></a></p>',
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	(int) 13 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8374,
		'category_id' => (int) 21,
		'title' => 'Overcrowding of Prison',
		'description' => '<h3>Why in News</h3>
<p>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court (SC)</strong> </a>of India has ordered the <strong>interim release of eligible prisoners</strong> in view of the uncontrolled second surge in the raging Covid-19 pandemic.</p>
<ul style="list-style-type: square;">
<li>The Court&rsquo;s order aims to decongest jails and a measure that <strong>protects the <a href="/to-the-points/Paper2/fundamental-rights-part-1" target="_blank" rel="noopener">right to life</a> and health of the prisoners.</strong></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Important Points of Supreme Court Order:</strong><br />
<ul style="list-style-type: circle;">
<li>Emphasised the need to adhere to the norms it had laid down in <em><strong>Arnesh Kumar vs State of Bihar (2014) </strong></em><strong>case.</strong><br />
<ul style="list-style-type: disc;">
<li>Under this case, the police were asked not to effect unnecessary arrests, especially in cases that involve jail terms <strong>less than seven years.</strong></li>
</ul>
</li>
<li>Authorities in all districts in the country to give effect to <strong>Section 436A of the <a href="/daily-updates/daily-news-editorials/re-imagining-cognizable-offences" target="_blank" rel="noopener">Code of Criminal Procedure (Cr.P.C).</a></strong><br />
<ul style="list-style-type: disc;">
<li>Under the Section 436A of the Cr.P.C, the undertrials who have <strong>completed half of the maximum prison term</strong> prescribed for the offence may be released on <strong>personal bond.</strong></li>
</ul>
</li>
<li>Suggested the legislature to consider the idea of <strong>placing convicts under house arrest</strong> to avoid overcrowding of prisons.<br />
<ul style="list-style-type: disc;">
<li>The <strong>occupancy rate in prisons</strong> climbed to 118.5% in 2019. Moreover, a <strong>very large sum of the budget</strong> is used for the maintenance of prisons.</li>
</ul>
</li>
<li>Ordered all States to <strong>take preventive steps</strong> as well as <strong>constitute high-powered committees</strong> to determine the class of prisoners who could be released on bail or parole for a specified period.</li>
</ul>
</li>
<li><strong>Status of Indian Prisons:</strong><br />
<ul style="list-style-type: circle;">
<li>Indian prisons face<strong> three long-standing structural constraints:</strong><br />
<ul style="list-style-type: disc;">
<li>Overcrowding,</li>
<li>Understaffing and underfunding and</li>
<li>Violent clashes.</li>
</ul>
</li>
<li>The <strong>Prison Statistics India 2016,</strong> published by the <a href="/daily-updates/daily-news-editorials/prison-reforms-and-way-forward" target="_blank" rel="noopener"><strong>National Crime Records Bureau (NCRB)</strong></a> in 2019 highlights the plight of prisoners in India.<br />
<ul style="list-style-type: disc;">
<li><strong>Under-trial Population:</strong> India&rsquo;s under-trial population remains among the highest in the world and more than half of all undertrials were detained for less than six months in 2016.<br />
<ul style="list-style-type: disc;">
<li>The report highlights that at the end of 2016, there were 4,33,033 people in prison, of whom<strong> 68% were undertrials.</strong></li>
<li>This suggests that the high proportion of undertrials in the overall prison population may be the result of<strong> unnecessary arrests</strong> and<strong> ineffective legal aid</strong> during remand hearings.</li>
</ul>
</li>
<li><strong>People Held Under Preventive Detention:</strong> There is the rise in the number of people held under<strong> administrative (or &lsquo;prevention&rsquo;) detention laws</strong> in Jammu and Kashmir.<br />
<ul style="list-style-type: disc;">
<li>A 300% increase, with 431 detainees in 2016, compared to 90 in 2015.</li>
<li>Administrative, or &lsquo;preventive&rsquo;, detention is used by authorities to detain persons without charge or trial and circumvent regular criminal justice procedures.</li>
</ul>
</li>
<li><strong>Unawareness about Section 436A of C.R.P.C.:</strong> There is a gap between the number of prisoners eligible to be released and actually released, under Section 436A of the Code of Criminal Procedure.<br />
<ul style="list-style-type: disc;">
<li>In 2016, out of 1,557 undertrials found eligible for release under Section 436A, only 929 were released.</li>
<li>Also, research by Amnesty India has found that prison officials are frequently unaware of this section and unwilling to apply it.</li>
</ul>
</li>
<li><strong>Unnatural Deaths in Prison:</strong> The number of &ldquo;unnatural&rdquo; deaths in prisons has doubled between 2015 and 2016, from 115 to 231.<br />
<ul style="list-style-type: disc;">
<li>The rate of suicide among prisoners also increased by 28%, from 77 suicides in 2015 to 102 in 2016.</li>
<li>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/national-human-rights-commission-nhrc" target="_blank" rel="noopener"><strong>National Human Rights Commission (NHRC)</strong></a> in 2014 had stated that on average, a person is one-and-a-half times more likely to commit suicide in prison than outside. This is a possible indicator of the magnitude of <strong>mental health concerns</strong> within Indian prisons.</li>
</ul>
</li>
<li><strong>Lack of Mental Health Professional:</strong> There was only one mental health professional for every 21,650 prisoners in 2016, with only six States and one Union Territory having psychologists /psychiatrists.
<ul style="list-style-type: disc;">
<li>Also, the NCRB had said that about 6,013 individuals with mental illness were in jail in 2016.</li>
<li>As per the Prison Act, 1894 and Prisoner Act, 1900, there should be a <strong>welfare officer and a law officer</strong> in each jail but recruitment of these officers is still pending. This state explains the low political and budgetary priority which prisons have received during the preceding century.</li>
</ul>
</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Recommendation for Prison Reforms</h3>
<ul style="list-style-type: square;">
<li>The Supreme Court appointed <strong>Justice Amitava Roy (retd.) Committee</strong> has given the following recommendations to <a href="/loksabha-rajyasabha-discussions/the-big-picture-prison-reforms" target="_blank" rel="noopener"><strong>reform prisons.</strong></a>
<ul style="list-style-type: circle;">
<li><strong>For Overcrowding:</strong>
<ul style="list-style-type: disc;">
<li><strong>Speedy Trial:</strong> Speedy trial remains one of the best ways to remedy the unwarranted phenomenon of overcrowding.</li>
<li><strong>Lawyer to Prisoner Ratio:</strong> There should be at least <strong>one lawyer for every 30 prisoners,</strong> which is not the case at present.</li>
<li><strong>Special Courts:</strong> Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than five years.
<ul style="list-style-type: disc;">
<li>Further, accused persons who are charged with petty offences and those granted bail, but who are unable to arrange surety should be released on a <strong>Personal Recognizance (PR) Bond.</strong></li>
</ul>
</li>
<li><strong>Avoid Adjournment:</strong> An adjournment should not be granted in cases where witnesses are present and the concept of plea bargaining, in which the accused admits guilt for a lesser sentence, should be promoted.</li>
</ul>
</li>
<li><strong>For Prisoners:</strong>
<ul style="list-style-type: disc;">
<li><strong>Accommodative Transition:</strong> Every new prisoner should be allowed a free phone call a day to his family members to see him through his first week in jail.</li>
<li><strong>Legal Aid:</strong> Providing effective legal aid to prisoners and taking steps to provide vocational skills and education to prisoners.</li>
<li><strong>Use of ICT:</strong> Use of video-conferencing for trial.</li>
<li><strong>Alternatives:</strong> The courts may be asked to use their "discretionary powers" and award sentences like "fine and admonition" if possible instead of sending the offenders to jails.
<ul style="list-style-type: disc;">
<li>Further, courts may be encouraged to release offenders on probation at pre-trial stage or after trial in deserving cases.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Filling Vacancies:</strong>
<ul style="list-style-type: disc;">
<li>The Supreme Court should pass directions asking authorities to start the recruitment process against permanent vacancies within three months and the process should be completed in a year.</li>
<li>For Food: Modern cooking facilities and canteens to buy essential items.</li>
</ul>
</li>
</ul>
</li>
<li>In 2017, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/law-commission-of-india-1" target="_blank" rel="noopener"><strong>Law Commission of India</strong></a> had recommended that undertrials who have completed a third of their maximum sentence for offences attracting up to seven years of imprisonment be released on bail.</li>
</ul>
<div class="border-bg">
<p><strong>Constitutional Provisions</strong></p>
<ul style="list-style-type: square;">
<li><strong>State Subject:</strong> 'Prisons/persons detained therein' is a <strong>State subject</strong> under <strong>Entry 4 of List II</strong> of the<strong> Seventh Schedule</strong> to the Constitution of India.
<ul style="list-style-type: circle;">
<li>Administration and management of prisons is the responsibility of respective State Governments.</li>
<li>However, the <strong>Ministry of Home Affairs</strong> provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates.</li>
</ul>
</li>
<li><strong>Article 39A:</strong>&nbsp;Article 39A of the Constitution directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall, in particular, <strong>provide free legal aid by suitable legislation or schemes or in any other way,</strong> to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
<ul style="list-style-type: circle;">
<li><strong>Right to free legal aid or free legal service</strong> is an essential fundamental right guaranteed by the Constitution.</li>
<li>It forms the basis of reasonable, fair and just liberty under <strong>Article 21</strong> of the Constitution of India, which says,<strong> &ldquo;No person shall be deprived of his life or personal liberty except according to procedure established by law&rdquo;.</strong></li>
</ul>
</li>
</ul>
<p><strong>Key Terms</strong></p>
<ul style="list-style-type: square;">
<li><strong>Undertrials:</strong> These are the people who are yet to be found guilty of the crimes they have been accused of.</li>
<li><strong><a href="/daily-updates/daily-news-analysis/j-and-k-public-safety-act" target="_blank" rel="noopener">Preventive Detention</a>:</strong> The imprisonment of a person with the aim of preventing them from committing further offences or of maintaining public order.
<ul style="list-style-type: circle;">
<li><strong>Article 22 (3) (b)</strong> of the Constitution allows for preventive detention and restriction on personal liberty for reasons of state security and public order.</li>
<li>Further, <strong>Article 22 (4)</strong> states that no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless:</li>
<li>An Advisory Board reports sufficient cause for extended detention.</li>
<li>Such a person is detained in accordance with the provisions of any law made by the Parliament.</li>
</ul>
</li>
<li><strong>Personal Recognizance (PR) Bond:</strong> It is also known as Own Recognizance (OR) bond, and sometimes referred to as &ldquo;no cost bail&rdquo;. With this type of bond, a person is released from custody and is not required to post bail.
<ul style="list-style-type: circle;">
<li>They are, however, responsible for showing up on their specified court date, and must sign a release form stating this promise in writing.</li>
<li>The person is then released from custody based on their promise to appear in court and abide by any conditions of release set by the court.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/opinion/editorial/protecting-prisoners-the-hindu-editorial-on-overcrowding-of-prisons/article34545382.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		'article_id' => (int) 8320,
		'category_id' => (int) 21,
		'title' => 'Media has Right to Report Court Proceeding: SC',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <strong>Supreme Court (SC)</strong> dismissed a plea by the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/election-commission-of-india" target="_blank" rel="noopener"><strong>Election Commission of India (ECI)</strong></a> to restrain media from reporting oral observations of the judges.</p>
<ul style="list-style-type: square;">
<li>The SC ruled that the <strong>media has rights to report observations</strong> made during the course of hearings (Court Proceedings).</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Freedom of Speech:</strong><br />
<ul style="list-style-type: circle;">
<li>Real-time reportage of court proceedings, including the <strong>oral exchanges in courtrooms</strong> between judges and lawyers, <strong>is part of the right to freedom of speech.</strong><br />
<ul style="list-style-type: disc;">
<li>Under <a href="/daily-updates/daily-news-editorials/right-to-dissent#:~:text=Significance%20of%20Right%20to%20Dissent,assemble%20peaceably%20and%20without%20arms." target="_blank" rel="noopener"><strong>Article 19</strong></a>, Indian Constitution guarantees <strong>Freedom of Speech and Expression.</strong></li>
</ul>
</li>
<li>With the advent of technology, <strong>reporting has proliferated through social media forums</strong>, which provides real-time updates to a much wider audience. This is an <strong>extension of the freedom of speech and expression that the media possesses.</strong> <br />
<ul style="list-style-type: disc;">
<li>This constitutes <strong>a virtual extension of the open court.</strong></li>
</ul>
</li>
<li><strong>Except in cases of <a href="/loksabha-rajyasabha-discussions/child-sex-abuse" target="_blank" rel="noopener">child sexual abuse</a> and marital issues</strong>, the phenomenon of free press should extend to court proceedings.</li>
</ul>
</li>
<li><strong>Judicial Integrity:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Right of the media to report</strong> and disseminate issues and events, including court proceedings that <strong>were a part of the public domain, augmented the integrity of the judiciary.</strong></li>
</ul>
</li>
<li><strong>Functionality of Open Court Proceeding:</strong><br />
<ul style="list-style-type: circle;">
<li>Ensures that the <strong>judicial process is subject to public scrutiny</strong> which in turn is <strong>crucial to maintaining transparency and accountability</strong> and transparency in the functioning of democratic institutions is <strong>crucial to establish the public&lsquo;s faith in them.</strong></li>
<li>Ensures that <strong>judges act in accordance with law and with probity.</strong></li>
<li>Court proceedings are <strong>vital sources of public information</strong> about the activities of the legislature and the executive. An open court serves an <strong>educational purpose</strong> as well becoming a <strong>platform for citizens to know how the practical application of the law impacts upon their rights.</strong></li>
</ul>
</li>
<li><strong>Language:</strong><br />
<ul style="list-style-type: circle;">
<li>There is a <strong>need for judges to exercise caution in off-the-cuff remarks in open court</strong>, which may be susceptible to misinterpretation. <strong>Language</strong>, both on the Bench and in judgments, <strong>must comport with judicial propriety.</strong> <br />
<ul style="list-style-type: disc;">
<li>Language is an <strong>important instrument of a judicial process which is sensitive to constitutional values.</strong></li>
</ul>
</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Election Commission of India</strong></p>
<ul style="list-style-type: square;">
<li><strong>About:</strong><br />
<ul style="list-style-type: circle;">
<li>It is an <strong>autonomous constitutional authority</strong> responsible for administering Union and State election processes in India.</li>
<li>It was established in accordance with the constitution on <strong>25<sup>th</sup> January 1950 (celebrated as <a href="/daily-updates/daily-news-analysis/10th-national-voters-day" target="_blank" rel="noopener">national voters' day</a>).</strong> The secretariat of the commission is located in New Delhi.</li>
<li>The body <strong>administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.</strong><br />
<ul style="list-style-type: disc;">
<li>It is <strong>not concerned with the elections to panchayats and municipalities</strong> in the states. For this, the Constitution of India provides for a separate <strong><a href="/daily-updates/daily-news-editorials/state-election-commission-s-autonomy" target="_blank" rel="noopener">State Election Commission</a>.</strong></li>
</ul>
</li>
</ul>
</li>
<li><strong>Constitutional Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li><a href="/daily-updates/daily-news-analysis/chief-election-commissioner" target="_blank" rel="noopener"><strong>Part XV (Article 324-329)</strong></a> of the Indian Constitution deals with elections, and establishes a commission for these matters.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/sc-declines-ecis-plea-to-restrain-media-from-reporting-madras-hc-remarks-against-it/article34496618.ece" target="_blank" rel="noopener"><strong>Source:TH</strong></a></p>',
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		'article_id' => (int) 8313,
		'category_id' => (int) 21,
		'title' => 'Maratha Reservation Struck Down: SC',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court (SC)</strong></a> declared a <a href="/daily-updates/daily-news-analysis/maharashtra-assembly-passes-bill-for-reservation-for-marathas" target="_blank" rel="noopener"><strong>Maharashtra law</strong></a> which provides <a href="/daily-updates/daily-news-analysis/maratha-quota" target="_blank" rel="noopener"><strong>reservation benefits to the Maratha</strong></a> community, taking the quota limit in the State in excess of 50%, as unconstitutional.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Background:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>2017:</strong> A 11-member <strong>commission headed by Retired Justice N G Gaikwad</strong> recommended <strong>Marathas should be given reservation</strong> under <strong><a href="/daily-updates/daily-news-analysis/extension-to-obc-sub-categorisation-commission" target="_blank" rel="noopener">Socially and Educationally Backward Class (SEBC)</a>.</strong></li>
<li><strong>2018:</strong> Maharashtra Assembly passed a Bill proposing <strong>16% reservation for Maratha community.</strong></li>
<li><strong>2018:</strong> The Bombay High Court while upholding the reservation pointed out that instead of 16% it should be <strong>reduced to 12% in education and 13%in jobs.</strong></li>
<li><strong>2020:</strong> The SC stayed its implementation and <strong>referred the case to Chief Justice of India for a larger bench.</strong></li>
</ul>
</li>
<li><strong>Current Ruling:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Violation of Fundamental Rights:</strong><br />
<ul style="list-style-type: disc;">
<li>A separate reservation for the Maratha community violates <strong><a href="/to-the-points/Paper2/fundamental-rights-part-1#:~:text=Equality%20Before%20Law%3A%20Article%2014,within%20the%20territory%20of%20India." target="_blank" rel="noopener">Articles 14 (right to equality) and 21 (due process of law)</a>.</strong></li>
<li>Reservation breaching the 50% limit <strong>will create a society based on &ldquo;caste rule&rdquo;.</strong><br />
<ul style="list-style-type: disc;">
<li>The Maratha reservation of 12% and 13% (in education and jobs) had <strong>increased the overall reservation ceiling to 64% and 65%, respectively.</strong></li>
<li>In the <strong><a href="/daily-updates/daily-news-editorials/creamy-layer-for-sc-s-st-s" target="_blank" rel="noopener"><em>Indira Sawhney judgment</em></a> 1992</strong>, SC had categorically said <strong>50% shall be the rule</strong>, only in certain <strong>exceptional and extraordinary situations</strong> for bringing far-flung and remote areas' population into mainstream said 50% rule can be relaxed.</li>
</ul>
</li>
</ul>
</li>
<li><strong>No Further Benefits:</strong><br />
<ul style="list-style-type: disc;">
<li><strong>Appointments made under the Maratha quota</strong> following the Bombay High Court judgment endorsing the State law <strong>would hold</strong>, but <strong>they would get no further benefits.</strong></li>
</ul>
</li>
<li><strong>Deprived States of the Power to Identify SEBCs:</strong><br />
<ul style="list-style-type: disc;">
<li>There will <strong>only be a single list of SEBC with respect to each State and Union Territory notified by the President</strong> of India, and that <strong>States can only make recommendations</strong> for inclusion or exclusion, with any subsequent change to be made only by Parliament.</li>
<li>The Bench unanimously <strong>upheld the constitutional validity</strong> of the <a href="/loksabha-rajyasabha-discussions/the-big-picture-reviewing-50-cap-of-reservation" target="_blank" rel="noopener"><strong>102<sup>nd</sup> Constitution Amendment</strong></a> but differed on the question whether it affected the power of states to identify SEBCs.</li>
</ul>
</li>
<li><strong>Direction to NCBC:</strong><br />
<ul style="list-style-type: disc;">
<li>Asked the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/national-commission-for-backward-classes-ncbc" target="_blank" rel="noopener"><strong>National Commission for Backward Classes (NCBC)</strong></a> to expedite the <strong>recommendation of SEBCs</strong> so that the President can publish the notification containing the list of SEBCs in relation to States and Union Territories expeditiously.</li>
</ul>
</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>102<sup>nd</sup> Amendment Act of 2018</strong></p>
<ul style="list-style-type: square;">
<li>It introduced <strong>Articles 338B and 342A in the Constitution.</strong></li>
<li><strong>Article 338B</strong> deals with the newly established National Commission for Backward Classes.</li>
<li><strong>Article 342A</strong> empowers the President to specify the socially and educationally backward communities in a State. <br />
<ul style="list-style-type: circle;">
<li>It says that it is for the Parliament to include a community in the Central List for socially and backward classes for grant of reservation benefits.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/national/sc-declares-maratha-quota-law-unconstitutional/article34487043.ece" target="_blank" rel="noopener"><strong>Source:TH</strong></a></p>',
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		'article_id' => (int) 8242,
		'category_id' => (int) 22,
		'title' => 'Challenges for the New Chief Justice of India',
		'description' => '<div class="border">
<p>This article is based upon <a href="https://indianexpress.com/article/opinion/columns/a-court-in-crisis-7286542/" target="_blank" rel="noopener"><strong>&ldquo;A Court in Crisis&rdquo;</strong> </a>which was published in the Indian Express on 24 April, 2021. It talks about the issues in the judiciary and what is the way forward for the new CJI, Justice NV Ramana to fulfill his oath.</p>
</div>
<p>Justice is the concept of making decisions based on moral rightness, rationality, equity and fairness and the onus of delivering timely justice to the citizens of a country lies majorly on the shoulders of the supreme judge of the country.</p>
<p>In India, this role is played by the<a href="/daily-updates/daily-news-analysis/cji-under-the-rti-act" target="_blank" rel="noopener"><strong> Chief Justice of India (CJI)</strong></a>; the<strong> &lsquo;Paterfamilias&rsquo;</strong> of the Judiciary and the<strong> &lsquo;Master of the Roster&rsquo;.</strong></p>
<p>Recently, Justice Nuthalapati Venkata Ramana (<a href="/daily-updates/daily-news-analysis/n-v-ramana-48th-chief-justice-of-india#:~:text=Ramana%2C%20the%20senior%20most%20judge,till%2026th%20August%2C%202022." target="_blank" rel="noopener"><strong>NV Ramana</strong></a>), the most senior judge of the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> after former CJI, <a href="/daily-updates/daily-news-analysis/47th-chief-justice-of-india" target="_blank" rel="noopener"><strong>Justice S A Bobde</strong></a>, took his oath as the 48th CJI.</p>
<p>Designated as CJI at such a time when India is going through a major crisis due to Covid-19 pandemic, a lot of potential challenges stand in the path of fulfilling his oath of delivering timely justice to all.</p>
<h3>Current Issues with the Judiciary</h3>
<ul style="list-style-type: square;">
<li><strong>Inefficiency of the Supreme Court:</strong> The SC has not only <strong>stopped being the protector of the fundamental and other constitutional rights,</strong> but has also failed to act as the guardian of the rule of law. <br />
<ul style="list-style-type: circle;">
<li>In the context of politically sensitive cases involving citizens, opposition parties, and activists, the Court has virtually deferred to the executive instead of stepping in to restore constitutional rights and values in letter and spirit.</li>
<li>The recently retired, 47th CJI was perhaps the only Chief Justice to have not made a single recommendation of a judge to be appointed to the Supreme Court.</li>
</ul>
</li>
<li><strong>Low Judge to Population Ratio:</strong> The judge-population ratio in the country which stands at only<strong> 20 judges per million people</strong> is not very appreciable.<br />
<ul style="list-style-type: circle;">
<li>While for the other countries, the ratio is about 50-70 judges per million people.</li>
</ul>
</li>
<li><strong>Pendency and Vacancies in High Courts:</strong> The numbers both in respect of pendency of cases and vacancies in the High Courts are quite concerning &mdash; a backlog of <strong>over 57 lakh cases, and a vacancy level of 40%.</strong> <br />
<ul style="list-style-type: circle;">
<li>The Madras High Court has 5.8 lakh cases against a relatively low level of vacancy at 7%.</li>
<li>As many as 44% of the posts in the Calcutta High Court are vacant, but the cases in arrears stand at 2.7 lakh.</li>
</ul>
</li>
<li><strong>Recruitment Delays:</strong> The posts in the judiciary are not filled up as expeditiously as required. For a country as populous as 135 million, the <strong>total strength of judges is only around 25000.</strong><br />
<ul style="list-style-type: circle;">
<li>Almost 400 posts are vacant in the high courts.</li>
<li>Around 35% of the posts are lying vacant in the lower judiciary.</li>
</ul>
</li>
<li><strong>Inadequate Representation of Women and Minorities:</strong> The<strong> apex court</strong> currently has only <strong>one woman as judge</strong> despite the fact that virtually half the population comprise women and gender sensitive cases have also seen a sharp rise.<br />
<ul style="list-style-type: circle;">
<li>The Supreme Court has only one Muslim judge and no Sikh, Buddhist, Jain or a person from tribal community as a judge.</li>
</ul>
</li>
<li><strong>Lesser Strict Actions Taken for Judicial Delay:</strong> Though there is widespread acknowledgement of the problem of judicial delay, there is only limited effort within the judiciary taken to understand, through research, the nuances of the problems and ways to resolve it.</li>
</ul>
<p><strong>Challenges for the New CJI</strong></p>
<ul style="list-style-type: square;">
<li><strong>Keeping the court functioning during the present unprecedented crisis</strong> due to the Covid-19 Pandemic.</li>
<li><strong>Revamping the administrative machinery of the apex court</strong> and streamlining the functioning of the collegium.</li>
<li>Strengthening the judicial infrastructure and <strong>clearing the massive backlog of cases.</strong></li>
<li>The Supreme Court will have around 13 vacancies during Justice Ramana&rsquo;s tenure as many judges are due to retire by the end of 2021. <br />
<ul style="list-style-type: circle;">
<li>The biggest challenge will be to <strong>streamline the appointment process in the Supreme Court as well as in the High Courts</strong> which have been struggling with the pendency of a huge number of cases due to a lack of judges.</li>
</ul>
</li>
<li>The possibility of courts reopening for physical hearing, at such a time, looks bleak now, given the massive spike in Covid-19 infections in the Capital.<br />
<ul style="list-style-type: circle;">
<li>The <strong>hearings of courts will have to be digitised which is further criticised by lawyers</strong> on multiple instances due to technical faults.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Role of the Supreme Court:</strong> A country of a billion+ population needs its highest court to stand for the people as the power of the judiciary, just like the legislature and the executive, comes from the people of the country.<br />
<ul style="list-style-type: circle;">
<li>The SC is expected to <strong>seek strict accountability from the legislature and executive</strong> and any infraction of the Constitution and laws must be corrected.</li>
<li>The Supreme Court collegium of the five senior-most judges should act more transparently and be made more accountable in order to inspire confidence and trust in the judiciary.</li>
</ul>
</li>
<li><strong>Role of CJI:</strong> The new Chief Justice must<strong> stringently introspect and review the actions of his immediate predecessors,</strong> free himself of the bias in constituting benches and allocating cases and take concrete steps to revitalise the administration of justice. Only then will the rule of law be restored and the Constitution served.</li>
<li><strong>Streamlining the Appointment System:</strong> The vacancies must be filled without any unnecessary delay.<br />
<ul style="list-style-type: circle;">
<li>A proper time frame for the appointment of judges must be laid down and the recommendations must be given in advance.</li>
<li>The Constitution of the<a href="/loksabha-rajyasabha-discussions/the-big-picture-accessible-and-affordable-judicial-system" target="_blank" rel="noopener"><strong> All India Judicial Services (AIJS)</strong></a> is also an important factor which can definitely help India establish a better judicial system.</li>
</ul>
</li>
<li><strong>Fair Representation of All:</strong> Women and the minority communities deserve a fair representation in the Apex Court. <br />
<ul style="list-style-type: circle;">
<li>The collegium is duty-bound to diversify the Bench to give adequate representation to all sections of society so that public trust, which is the greatest strength of the judiciary, could be restored.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<ul style="list-style-type: square;">
<li>The Chief Justice of India on account of the position he holds as the Paterfamilias of the judicial fraternity is bound to deliver undelayed and unbiased justice to its citizens in order to restore and maintain the faith of the people in the judicial system of India. <br />
<ul style="list-style-type: circle;">
<li>However, besides the challenges inside the court, surge in Covid cases remains as of the biggest challenges in his way, outside the court.</li>
</ul>
</li>
<li>A sound judicial system is one based on an objective enquiry, practical and unbiased analysis of evidence and delivery of timely and even-handed justice to all citizens.<br />
<ul style="list-style-type: circle;">
<li>Time has come for the Supreme Court collegium to assert its primacy in judicial appointments of judges and thus reduce the pendency of cases.</li>
</ul>
</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fffef2;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>Discuss the role of the Chief Justice of India (a) as the Paterfamilias of the judicial fraternity and (b) in delivering a sound and timely justice to the citizens and restoring their faith in the judicial system of the country.</p>
</td>
</tr>
</tbody>
</table>',
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	(int) 17 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8238,
		'category_id' => (int) 21,
		'title' => 'National Commission for Minorities',
		'description' => '<h3>Why in News</h3>
<p>Recently, the Delhi High Court has directed the Centre<strong> to fill up the vacant posts of chairperson and five other members of the National Commission for Minorities (NCM)</strong> by 31<sup>st</sup> July 2021.</p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Genesis:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>In 1978,</strong> setting up of the <strong>Minorities Commission (MC)</strong> was envisaged in the <strong>Ministry of Home Affairs Resolution.</strong></li>
<li><strong>In 1984,</strong> the<strong> MC</strong> was detached from the Ministry of Home Affairs and placed under the newly created <strong>Ministry of Welfare,</strong> which excluded linguistic minorities from the Commission&rsquo;s jurisdiction <strong>in 1988.</strong></li>
<li><strong>In 1992,</strong> with the enactment of the<strong> NCM Act, 1992,</strong> the <strong>MC</strong> became a statutory body and was <strong>renamed as the NCM.</strong></li>
<li><strong>In 1993,</strong> the first Statutory National Commission was set up and five religious communities viz <strong>the Muslims, Christians, Sikhs, Buddhists </strong>and<strong> Zoroastrians (Parsis)</strong> were notified as <strong>minority communities.</strong></li>
<li><strong>In 2014, Jains</strong> were also notified as a<strong> minority community.</strong></li>
</ul>
</li>
<li><strong>Composition:</strong><br />
<ul style="list-style-type: circle;">
<li>NCM consists of <strong>a Chairperson, a Vice-Chairperson and five members</strong> and all of them shall be from <strong>amongst the minority communities.</strong></li>
<li><strong>Total of 7 persons</strong> to be nominated by the <strong>Central Government</strong> should be from amongst persons <strong>of eminence, ability and integrity.</strong></li>
<li><strong>Tenure:</strong> Each Member holds office for a period of three years from the date of assumption of office.</li>
</ul>
</li>
<li><strong>Functions:</strong><br />
<ul style="list-style-type: circle;">
<li>Evaluation of the <strong>progress of the development of minorities</strong> under the Union and States.</li>
<li><strong>Monitoring of the working of the safeguards for minorities</strong> provided in the Constitution and in laws enacted by Parliament and the state legislatures.</li>
<li>Ensures that the <a href="/daily-updates/daily-news-analysis/prime-minister-s-15-point-programme#:~:text=PM's%20New%2015%20PP%20is,sections%20of%20the%20minority%20communities." target="_blank" rel="noopener"><strong>Prime Minister&rsquo;s 15-Point Programme for the Welfare of Minorities</strong></a> is implemented and the programmes for minority communities are actually functioning.</li>
<li><strong>Making recommendations</strong> for the effective implementation of safeguards for the protection of the interests of minorities by the central or state governments.</li>
<li><strong>Looking into specific complaints</strong> regarding deprivation of rights and safeguards of minorities and taking up such matters with the appropriate authorities.</li>
<li>Investigates <strong>matters of communal conflict and riots.</strong> <br />
<ul style="list-style-type: disc;">
<li>For example, the 2011 Bharatpur communal riots, as well as the 2012 Bodo-Muslim clashes in Assam, were investigated by the commission and their findings were submitted to the government.</li>
</ul>
</li>
<li>Observes the <a href="/daily-updates/daily-news-analysis/no-state-wise-minority-classification-sc" target="_blank" rel="noopener"><strong>Minorities Rights Day</strong></a> every year on <strong>18<sup>th</sup> December</strong> which marks the adoption of the &ldquo;Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities&rdquo; by the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/united-nations-1" target="_blank" rel="noopener"><strong>United Nations</strong></a> in <strong>1992.</strong></li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Constitutional and Legal Provisions Related to Minorities</strong></p>
<ul style="list-style-type: square;">
<li>The <strong>NCM Act</strong> defines a minority as <strong>&ldquo;a community notified as such by the Central government.''</strong><br />
<ul style="list-style-type: circle;">
<li>The Government of India has declared <strong>six religions</strong> namely, <strong>Muslims, Christians, Sikhs, Buddhists</strong> and <strong>Parsis</strong> (Zoroastrian) and <strong>Jain</strong> as religious minorities in India.</li>
</ul>
</li>
<li><strong><a href="/daily-updates/daily-news-analysis/identification-of-minorities" target="_blank" rel="noopener">National Commission for Minority Education Institution (NCMEI) Act, 2004</a>:</strong><br />
<ul style="list-style-type: circle;">
<li>It gives the minority status to the educational institutions on the basis of six religious communities notified by the government.</li>
</ul>
</li>
<li>The term <strong>"minority"</strong> is not defined in the Indian Constitution. However, the Constitution <strong>recognises religious and linguistic minorities.</strong></li>
<li><strong>Article 15 and 16:</strong><br />
<ul style="list-style-type: circle;">
<li>Prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place of birth.</li>
<li>Citizens&rsquo; right to &lsquo;equality of opportunity&rsquo; in matters relating to employment or appointment to any office under the State, and prohibition in this regard of any discrimination on grounds of religion, race, caste, sex or place of birth.</li>
</ul>
</li>
<li><strong>Article 25 (1), 26 and 28:</strong><br />
<ul style="list-style-type: circle;">
<li>People&rsquo;s freedom of conscience and right to freely profess, practise and propagate religion.</li>
<li>Right of every religious denomination or any section to establish and maintain institutions for religious and charitable purposes, manage its own religious affairs, and own and acquire property and administer it.</li>
<li>People&rsquo;s freedom as to attendance at religious instruction or religious worship in educational institutions wholly maintained, recognized, or aided by the State.</li>
</ul>
</li>
<li><strong>Article 29:</strong><br />
<ul style="list-style-type: circle;">
<li>It provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.</li>
<li>It <strong>grants protection to both religious minorities as well as linguistic minorities.</strong></li>
<li>However, the <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/supreme-court-of-india" target="_blank" rel="noopener"><strong>Supreme Court</strong></a> held that the scope of this article is not necessarily restricted to minorities only, as use of the word &lsquo;section of citizens&rsquo; in the Article includes minorities as well as the majority.</li>
</ul>
</li>
<li><strong>Article 30:</strong><br />
<ul style="list-style-type: circle;">
<li>All minorities shall have the<strong> right to establish and administer educational institutions</strong> of their choice.</li>
<li>The protection under Article 30 is<strong> confined only to minorities</strong> (religious or linguistic) and does not extend to any section of citizens (as under Article 29).</li>
</ul>
</li>
<li><strong>Article 350-B:</strong><br />
<ul style="list-style-type: circle;">
<li>The <a href="/to-the-points/Paper2/major-constitutional-amendment-part-1" target="_blank" rel="noopener"><strong>7<sup>th</sup> Constitutional (Amendment) Act 1956</strong></a> inserted this article which provides for a Special Officer for Linguistic Minorities appointed by the President of India.</li>
<li>It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://www.thehindu.com/news/cities/Delhi/fill-up-vacant-post-of-ncm-chairperson-hc-tells-centre/article34409636.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 18 => object(Cake\ORM\Entity) {

		'article_id' => (int) 8099,
		'category_id' => (int) 21,
		'title' => 'AI Portal SUPACE',
		'description' => '<h3>Why in News</h3>
<p>Recently, the <a href="/daily-updates/daily-news-analysis/n-v-ramana-48th-chief-justice-of-india" target="_blank" rel="noopener"><strong>Chief Justice of India (CJI)</strong> </a>launched an <strong><a href="/loksabha-rajyasabha-discussions/in-depth-artificial-intelligence" target="_blank" rel="noopener">Artificial Intelligence (AI)</a> based portal &lsquo;SUPACE&rsquo;</strong> in the judicial system aimed at assisting judges with legal research.</p>
<ul style="list-style-type: square;">
<li><strong>SUPACE</strong> is short for <strong>Supreme Court Portal for Assistance in Court&rsquo;s Efficiency.</strong></li>
<li>Earlier, the <a href="/loksabha-rajyasabha-discussions/the-big-picture-virtual-courts-and-way-forward" target="_blank" rel="noopener"><strong>E-Courts Project</strong></a> was conceptualised on the basis of<strong> "National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary - 2005"</strong> submitted by the <strong>e-Committee of the Supreme Court.</strong></li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>About SUPACE:</strong><br />
<ul style="list-style-type: circle;">
<li>It is <strong>a tool that collects relevant facts and laws</strong> and <strong>makes them available to a judge.</strong></li>
<li>It is <strong>not designed to take decisions, but only to process facts and to make them available to judges</strong> looking for an input for a decision.</li>
<li>Initially, it <strong>will be used on an experimental basis by the judges of Bombay and Delhi High Courts</strong> who deal with criminal matters.</li>
</ul>
</li>
<li><strong>Significance:</strong><br />
<ul style="list-style-type: circle;">
<li>It will <strong>produce results customized to the need of the case</strong> and the way the judge thinks.</li>
<li>This will be <strong>time saving.</strong> It will <strong>help the judiciary and the court in reducing delays and pendency of cases.</strong></li>
<li><strong>AI</strong> will present <strong>a more streamlined, cost effective and time bound</strong> means to the <strong>fundamental right of access to justice.</strong></li>
<li>It will make the <strong>service delivery mechanism transparent and cost-efficient.</strong></li>
</ul>
</li>
<li><strong>Challenge:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Redundancy of certain posts</strong> after introduction of SUPACE. <br />
<ul style="list-style-type: disc;">
<li>Since it is intended to do what the human mind can do, but much more efficiently and methodically, there is apprehension in the generation of unemployment.</li>
</ul>
</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>E-Courts Project</strong></p>
<ul style="list-style-type: square;">
<li><strong>About:</strong><br />
<ul style="list-style-type: circle;">
<li>It was conceptualized with a vision<strong> to transform the Indian Judiciary by ICT (Information and Communication Technology) enablement of Courts.</strong></li>
<li>It is <strong>a pan-India Project,</strong> monitored and <strong>funded by the Department of Justice,</strong> Ministry of Law and Justice, <strong>for the District Courts</strong> across the country.</li>
</ul>
</li>
<li><strong>Objectives of the Project:</strong><br />
<ul style="list-style-type: circle;">
<li>To provide efficient &amp; time-bound citizen-centric services delivery.</li>
<li>To develop, install &amp; implement decision support systems in courts.</li>
<li>To automate the processes to provide transparency and accessibility of information to its stakeholders.</li>
<li>To enhance judicial productivity, both qualitatively &amp; quantitatively, to make the justice delivery system affordable, accessible, cost-effective, predictable, reliable and transparent.</li>
</ul>
</li>
</ul>
</div>
<p><a href="https://indianexpress.com/article/india/cji-launches-top-courts-ai-driven-research-portal-7261821/" target="_blank" rel="noopener"><strong>Source:IE</strong></a></p>',
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		'article_id' => (int) 8030,
		'category_id' => (int) 21,
		'title' => 'Ad-hoc Judges in High Court',
		'description' => '<h3>Why in News</h3>
<p>Recently, the Supreme Court pushed for the appointment of retired judges to battle the <a href="/daily-updates/daily-news-editorials/judicial-pendency-justice-delayed" target="_blank" rel="noopener"><strong>pendency of cases</strong> </a>in High Courts.</p>
<p><a href="http://www.drishtiias.com/images/uploads/1616840152_image2.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1616840152_image2.png" style="display: block; margin-left: auto; margin-right: auto;" width="550" caption="false" /></a></p>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li><strong>Supreme Court Suggestions:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Guidelines for Appointment of an Ad-hoc Judge:</strong> The court orally<strong> outlined prospective guidelines</strong> for the appointment and functioning of an ad-hoc judge.</li>
<li><strong>Pendency Beyond a Certain Limit:</strong> If in a particular jurisdiction, the <strong>pendency goes beyond a certain limit, say eight or 10 years,</strong> the <strong>Chief Justice may appoint a certain [retired] judge</strong> with expertise in those fields of laws as an ad hoc judge. <br />
<ul style="list-style-type: disc;">
<li>The<strong> term of such a judge could be extendable.</strong></li>
</ul>
</li>
<li><strong>Position:</strong> The appointment of ad-hoc judges would not be a threat to the services of other judges as the <strong>Ad-hoc judges will be treated as the junior most.</strong></li>
<li><strong>Selection:</strong> The retired judges would be chosen <strong>on the basis of their expertise in a particular field of dispute</strong> and allowed to retire once the pendency in that zone of law was over.</li>
</ul>
</li>
<li><strong>Arguments for Appointing Retired Judges:</strong><br />
<ul style="list-style-type: circle;">
<li>The retired judges who had handled certain disputes and fields of law for over 15 years<strong> could deal with them faster</strong> if brought back into harness as ad-hoc judges.</li>
</ul>
</li>
<li><strong>Related Constitutional Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li>The appointment of retired judges was provided for in the<strong> Constitution under Article 224A (appointment of retired judges at sittings of High Courts).</strong></li>
<li>Under the Article, the Chief Justice of a High Court for any State may at any time, with the <strong>previous consent of the President, request any person</strong> who has held the office of judge of that court or of any other High Court to sit and act as a judge of the High Court for that State.</li>
</ul>
</li>
<li><strong>Reasons For Pendency:</strong><br />
<ul style="list-style-type: circle;">
<li><strong>The Government is the Biggest Litigant:</strong> According to the <strong>Economic Survey 2018-19</strong> poorly drafted orders have resulted in contested tax revenues equal to 4.7% of the GDP and it is rising.</li>
<li><strong>Less Budgetary Allocation:</strong> The budget allocated to the judiciary is between 0.08 and 0.09% of the GDP. Only four countries &mdash; Japan, Norway, Australia and Iceland &mdash; have a lesser budget allocation and they do not have problems of pendency like India.</li>
<li><strong>Practice of Seeking Adjournments:</strong> Usually the lower courts seek adjournment ad infinitum.</li>
<li><strong>Lack of Assessment:</strong> When a new legislation is formed, there is no judicial impact assessment done by the government on how much burden is going to be casted on the judiciary.<br />
<ul style="list-style-type: disc;">
<li>The probabilities of generating more litigations or requirement of more judges is not taken into account.</li>
</ul>
</li>
<li><strong>Delay in Judicial Appointment: <a href="/daily-updates/daily-news-analysis/collegium-system-for-the-appointment-of-judges" target="_blank" rel="noopener">Collegium</a></strong> recommendations have been<strong> pending with the government</strong> for over seven months to a year to get approval in order to fill vacancies in High Courts.<br />
<ul style="list-style-type: disc;">
<li>The total sanctioned judicial strength in the <strong>25 High Courts is 1,080.</strong> However, <strong>the present working strength is 661 with 419 vacancies</strong> as of March 2021.</li>
<li>The government has countered that it's the fault of the Collegium and the High Court for delaying the process.</li>
</ul>
</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li><strong>Streamlining the Appointment System:</strong> The vacancies must be filled without any unnecessary delay.<br />
<ul style="list-style-type: circle;">
<li>A proper time frame for the appointment of judges must be laid down and the recommendations must be given in advance.</li>
<li>The Constitution of the<strong> All India Judicial Services</strong> is also an important factor which can definitely help India establish a better judicial system.</li>
</ul>
</li>
<li><strong>Use of Technologies:</strong> People are becoming more and more aware of their rights and which is why the number of cases filed in court are also increasing.<br />
<ul style="list-style-type: circle;">
<li>To deal with that judicial officers need to be trained, vacancies for the judges must be filled up expeditiously and in addition the use of technology particularly <a href="/loksabha-rajyasabha-discussions/in-depth-artificial-intelligence" target="_blank" rel="noopener"><strong>artificial intelligence</strong> </a>must be encouraged.</li>
</ul>
</li>
<li><strong>Out of Court Settlement:</strong> Resolving every case within the court premises is not mandatory; other possible systems must also be accessed.<br />
<ul style="list-style-type: circle;">
<li>There is also a need to promote the alternate dispute resolution mechanism for which the <a href="/daily-updates/daily-news-analysis/arbitration-and-conciliation-amendment-bill-2021#:~:text=Objective%3A%20The%20Arbitration%20and%20Conciliation,other%20alternative%20dispute%20redressal%20mechanisms." target="_blank" rel="noopener"><strong>arbitration and conciliation</strong></a> act has been amended three times to ensure that people go for commercial litigation mode and sort it out either by mediation, conciliation or arbitration.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/sc-for-posting-retired-judges-to-clear-backlog-in-hcs/article34163270.ece#:~:text=The%20Supreme%20Court%20on%20Thursday,of%20cases%20in%20High%20Courts.&amp;text=there%20are%20all%20kinds%20of,Prahari%2C%20on%20the%20mounting%20backlog." target="_blank" rel="noopener"><strong>Source:TH</strong></a></p>',
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		],
		'[dirty]' => [[maximum depth reached]],
		'[original]' => [[maximum depth reached]],
		'[virtual]' => [[maximum depth reached]],
		'[errors]' => [[maximum depth reached]],
		'[invalid]' => [[maximum depth reached]],
		'[repository]' => 'articles'
	
	}
]
$tags = [
	(int) 0 => object(Cake\ORM\Entity) {

		'id' => (int) 299,
		'tag' => 'Judiciary',
		'colorcode' => 'FFFFFF',
		'posturl' => 'judiciary',
		'status' => (int) 1,
		'sort_order' => (int) 5,
		'type' => (int) 0,
		'relivant' => (float) 1,
		'metatitle' => 'Judiciary',
		'metakeyword' => 'Judiciary',
		'metadescription' => 'Judiciary',
		'addedby' => (int) 9,
		'updatedby' => (int) 9,
		'added' => object(Cake\I18n\FrozenTime) {},
		'modified' => object(Cake\I18n\FrozenTime) {},
		'[new]' => false,
		'[accessible]' => [
			[maximum depth reached]
		],
		'[dirty]' => [[maximum depth reached]],
		'[original]' => [[maximum depth reached]],
		'[virtual]' => [[maximum depth reached]],
		'[errors]' => [[maximum depth reached]],
		'[invalid]' => [[maximum depth reached]],
		'[repository]' => 'tags'
	
	}
]
$title = 'Article Tags'
$lastyear = (int) 2018
$year = '2021'
$i = (int) 2017
$selected = ''
$m = (int) 13
$month = 'December'

include - ROOT/plugins/Drishti/src/Template/Element/rightsection.ctp, line 100
Cake\View\View::_evaluate() - CORE/src/View/View.php, line 1196
Cake\View\View::_render() - CORE/src/View/View.php, line 1157
Cake\View\View::_renderElement() - CORE/src/View/View.php, line 1554
Cake\View\View::element() - CORE/src/View/View.php, line 668
include - ROOT/plugins/Drishti/src/Template/Element/articlebox.ctp, line 5
Cake\View\View::_evaluate() - CORE/src/View/View.php, line 1196
Cake\View\View::_render() - CORE/src/View/View.php, line 1157
Cake\View\View::_renderElement() - CORE/src/View/View.php, line 1554
Cake\View\View::element() - CORE/src/View/View.php, line 668
include - ROOT/plugins/Drishti/src/Template/Articles/tags.ctp, line 61
Cake\View\View::_evaluate() - CORE/src/View/View.php, line 1196
Cake\View\View::_render() - CORE/src/View/View.php, line 1157
Cake\View\View::render() - CORE/src/View/View.php, line 765
Cake\Controller\Controller::render() - CORE/src/Controller/Controller.php, line 623
Cake\Http\ActionDispatcher::_invoke() - CORE/src/Http/ActionDispatcher.php, line 125
Cake\Http\ActionDispatcher::dispatch() - CORE/src/Http/ActionDispatcher.php, line 93

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