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Amid the tug of war between the Centre and Supreme Court Collegium over the appointment of judges, Union Law Minister Kiren Rijiju has written to Chief Justice of India D Y Chandrachud “suggesting” the inclusion of a government nominee in the decision-making process for shortlisting of judges.
Several Opposition parties, however, criticised the Government for what they said was an attempt to “intimidate and thereafter capture” the judiciary.
Pointing out that the Memorandum of Procedure regarding the appointment of judges was still “pending finalisation”, Rijiju’s letter gave “suggestions on how best it can be streamlined”.
Sources said the communication is only part of “an ongoing dialogue” between the Government and the court regarding appointments and that it is yet to be discussed by the Collegium.
Opposition parties — from Congress to AAP, RJD, DMK and the Left — said the Government had a “larger plan to intimidate the judiciary”.
The Vice President’s assaults, the Law Minister’s attacks — all this is orchestrated confrontation with the judiciary to intimidate and thereafter capture it totally.
The Collegium does need reform. But what this Government wants is complete subservience. Its remedy is a poison pill for an independent judiciary.
According to sources, the key suggestion in Rijiju’s letter is that the “search and evaluation committee” for High Court judges should include a nominee of the Central and respective state governments while that for shortlisting judges for the Supreme Court and Chief Justices of High Courts should include a nominee of the Centre, the sources said.
The committee will, in turn, make its recommendations to the High Court or Supreme Court Collegium as the case may be, the letter suggested. The final decision will still vest with the Collegium.
At present, the names are vetted by the Collegium, either of the High Courts or the Supreme Court, which comprises senior judges.
The SC Collegium comprises the CJI and four most senior judges of the court. The High Court Collegium comprises the Chief Justice of the High Court and two most senior judges of that court.
Names for judgeship are vetted by the Collegium. Rijiju’s suggestion will give the Centre and states a say in the selection of judges for higher courts.
Most parties oppose remote voting plan, Election Commission puts off demo (Page no. 5)
(GS Paper 2, Polity and Governance)
Nearly all political parties that attended a meeting called by the Election Commission Monday to discuss remote voting were opposed to the EC’s proposal to allow migrants to cast their votes from outside their home constituencies.
With parties demanding more in-depth discussion on the matter, the EC put off the demonstration of a prototype Remote Voting Machine (RVM), which was scheduled after remarks by Chief Election Commissioner Rajiv Kumar and a presentation on remote voting.
According to an EC official, 16 representatives from the eight national parties — BJP, Congress, NCP, TMC, BSP, CPI(M), CPI and NPP, which is heading the ruling alliance in Meghalaya — were in attendance. A total of 67 participants representing 40 state parties also attended the discussion held at the Constitution Club in New Delhi.
The official said the political leaders agreed with the broad objective of increasing voter turnout, while some asked for the demonstration of the RVM to be done in states. Others wanted the concept of domestic migrants to be defined before going ahead with the proposal.
As a result, the EC decided to extend the date of submission of written views on the matter by the parties to February 28 from January 31.
The EC had on December 28, 2022, written to all recognised national and state parties about its proposal to increase turnout among migrants.
A total of 67 participants representing 40 state parties also attended the discussion held at the Constitution Club in New Delhi.
Except the BJP and to an extent the BJD, all other parties opposed the proposal, sources said. Even the BJP, which was represented by Union Environment Minister Bhupender Yadav, said it would give its views in writing.
Yadav said the BJP agreed in principle that turnout should be increased and “missing voters” should get a chance to vote but the procedure to be adopted was a matter for discussion, and the Election Commission would decide after that.
The leaders raised several issues — from electoral bonds to hate speeches and working of EVMs. They argued that electoral bonds lack transparency and kill the level playing field.
Congress leader Digvijaya Singh, who represented his party along with Praveen Chakravarty, told reporters after the meeting that the concept note prepared by the EC and the presentation given to the leaders showed the Commission was “confused”.
The footloose vote (Page no. 14)
(GS Paper 2, Polity and Governance)
One of the significant features of India’s electoral record has been its progressive betterment on two major counts — in registering eligible citizens as electors, and achieving increased participation of electors in voting.
While only 17 per cent were registered and 45 per cent of them turned out to vote in 1951 in India’s first general election, in 2019, India’s latest general election, over 91 per cent of its eligible citizens were registered with 67 per cent of them coming out to vote, which is the highest voter turnout in the nation’s history.
It is, however, worrying that a third of the eligible voters, a whopping 30 crore people, do not vote. Among the many reasons, including urban apathy and geographical constraints, one prominent reason is the inability of internal migrants to vote for different reasons.
The Election Commission had earlier formed a “Committee of Officers on Domestic Migrants” to address this issue. The Committee’s report submitted in 2016 suggested a solution in the form of “remote voting”.
To further address this serious problem, the EC invited representatives from all recognised national and state political parties to discuss the legal, administrative, and statutory changes to resolve the issue.
The discussion took place in the presence of a technical expert committee. It is important to recall that the last major decision about the voting system was the introduction of Voter Verifiable Paper Audit Trail (VVPAT), with the consensus of all political parties in 2010.
The consensus approach is imperative not only to keep intact the democratic heritage of the Commission but to help further entrench its popular trust and institutional integrity, which, in recent times, have been noticed to be in peril.
The Constitution guarantees freedom of movement to every citizen and freedom to reside in any part of the country. However, migrant workers, especially circular or short-term migrants, constituting tens of millions of citizens are some of the least represented groups in the ballot.
The issue of disenfranchisement faced by migrant workers is not one arising out of deliberate denial of the right to vote, but for lack of access to vote.
The Supreme Court, in a series of cases, has conclusively interpreted the freedom to access the vote as within the ambit of Article 19(1)(a).
According to the 2011 Census, the number of internal migrants stands at 450 million, a 45 per cent surge from the 2001 census. Among these, 26 per cent of the migration (117 million) occurs inter-district within the same state, while 12 per cent of the migration (54 million) occurs inter-state. Both official and independent experts admit that this number is underestimated.
Editorial page
A reality check for Raj Bhavans (Page no. 14)
(GS Paper 2, Polity and Governance)
The growing distrust between the government of Tamil Nadu and its governor found its way from the Assembly to Twitter last week when #GetOutRavi trended. Representatives of the DMK subsequently met the President of India to submit a memorandum on the issue as well.
For his part, Governor R N Ravi, first, stirred up sentiments by speaking about the name of the state and then went on to omit portions of the Governor’s Address to the legislative assembly.
Given that the interference of governors in non-BJP states is at an all-time high, it will not be long before like-minded regional parties come together on a federal platform to review the role and scope of governors within the constitutional scheme itself.
It is conventionally inconceivable and constitutionally impermissible for any governor to suggest a name change for the state. As an unelected nominee of the Centre, the governor is expected not to be involved with political controversies let alone ideologies. Convention dictates that the occupants of Raj Bhavan display statesmanship, not one-upmanship.
The state of Madras became Tamil Nadu through the due legislative process — a unanimous resolution passed by the legislative assembly and legislative council in July 1967.
Upon receipt of this resolution from the state government, the government of India introduced legislation to alter the name of the state from Madras to Tamil Nadu and enact necessary changes to the First and Fourth Schedules to the Constitution.
By casually proposing a change to the state’s name, Ravi has displayed ignorance of the constitutional processes as well as disrespect towards the will of the state legislatures and Parliament.
The Governor’s Address given under Article 176 of the Constitution of India, much like the President’s Address to Parliament, is a formal statement given by the government to the legislature to initiate a discussion among the members of the Assembly.
It is nothing more than a curtain-raiser speech on the progress made over the past year and the policies of the government for the upcoming year.
It is now settled law that the governor has no discretionary powers and this has been laid down by the Supreme Court (SC) in the landmark case of Shamsher Singh vs State of Punjab, (1975).
The Court, then, held that governor is only a short form for government. Ergo, the courts have consistently held that the constitutional scheme does not make available any powers to the governor to act beyond the aid and advice of the council of ministers.
Ideas page
A credo for New India (Page no. 15)
(GS Paper 2/3, Polity and Governance/Growth & Development)
The word, “Atmanirbhar” is usually thought of as related to the concepts of self-reliance and self-sufficiency. Limiting Prime Minister Narendra Modi’s call of “Atmanirbhar” to this understanding would, however, not do complete justice to his vision.
To get a comprehensive understanding of Atmanirbhar — the thinking and the processes and programmes associated with it — one needs to appreciate the idea, not just from the current context. It is also important to look at the country from a historical and civilisational lens.
India has historically been known for innovation and intellectual accomplishments — in governance, spiritual thought, education, healthcare, industry, trade and several other fields.
Centuries of colonisation and invasions created a sense of inferiority amongst people in the country, led to intellectual stagnation and fostered a slavish mentality amongst Indians at the time of Independence.
When the British left Indian soil, they did not just leave us with political freedom. A large section of Indians continued to think and behave like the subjects of a benign crown.
For most Indians of that generation, becoming a citizen was a novelty and demanded a change in beliefs, values, and practices. While it is easy to be dependent on a benevolent state, becoming a free thinker and operating with the spirit of citizenship requires conviction, discipline, determined optimism and hard work.
This is possible only when there is an ecosystem that promotes self-respect and self-belief. Unfortunately, for several decades after Independence, the ecosystem in the country did not nurture adequately the idea of engaged citizenship — people continued to look at the state as the “provider”, leaving a large section of Indians feeling unsure about their capabilities. This is no longer the dominant narrative today.
Today, a generation of young people are qualified, competent and confident in deciding not just their future but that of the nation as well.
This needs to be seen in the background of how India’s position in the global comity of nations has been enhanced over the last few years.
This visibility and respect for India and what Indians are capable of must be seen as an outcome of the several visits PM Modi has undertaken to different parts of the world.
Explained
Cancer in India: A status report (Page no. 18)
(GS Paper 2, Health)
Deaths due to cancer have declined by 33% in the United States since 1991, according to a report by the American Cancer Society released last week.
This has translated into 3.8 million fewer deaths, the report said, and attributed the success to early detection, lower rates of smoking, and improvements in cancer treatment.
This trend is yet to be reflected in India. Even with improvements in treatment, both the incidence of cancer and mortality continue to rise in the country.
The findings in the US, published in CA: A Cancer Journal for Clinicians, record a steep reduction of 65% in the rates of cervical cancer in women in their early 20s between 2012 and 2019, the first cohort to receive the human papillomavirus vaccine (HPV) vaccine.
Doctors confirmed that the rates of cervical and smoking-related cancers have gone down in India as well; however, the incidence of lung and breast cancers has increased.
Better screening and treatment centres, and more comprehensive linkages between screening centres and hospitals are essential to reduce cancer mortality in the country, experts said.
An estimated 14.6 lakh new cancer cases were detected in 2022, up from 14.2 lakh in 2021 and 13.9 lakh in 2020, as per data from the National Cancer Registry of the Indian Council of Medical Research (ICMR) presented in Parliament.
Deaths due to cancer increased to an estimated 8.08 lakh in 2022 from 7.9 lakh in 2021 and 7.7 lakh in 2020. The incidence of all cancers is estimated to increase to 15.7 lakh by 2025, according to the data.
One in nine Indians will develop cancer during their lifetime, according to an ICMR study using data from population-based cancer registries. One in 68 men will develop lung cancer and one in 29 women will develop breast cancer, according to the study.
The incidence of cancer is higher among women — 103.6 per 100,000 in 2020 compared to 94.1 among men. Among men, the most common cancers were of the lung, mouth, prostate, tongue, and stomach; for women, they were breast, cervix, ovary, uterus, lung.
The incidence of cervical cancer has dropped in India over the last 50 years from 45 to 10 per 100,000 population, Prof G K Rath, adviser to the oncology platform Karkinos Healthcare and a former head of the AIIMS National Cancer Institute in Jhajjar.
Exoplanets (Page no. 18)
(GS Paper 3, Science and Technology)
The National Aeronautics and Space Administration (NASA) on January 11 announced that the James Webb Space Telescope has discovered its first new exoplanet. Researchers have labelled the planet as LHS 475 b, and it’s roughly the same size as Earth, the agency added.
Located just 41 light-years away, the planet orbits very close to a red dwarf star and completes a full orbit in just two days.
Researchers hope that in the coming years, owing to the Webb telescope’s advanced capabilities, they will be able to detect more Earth-sized planets.
So far, most of the discovered exoplanets are similar to Jupiter as Earth-sized planets are much smaller in size and harder to discover with older telescopes.
The Indian Express looks at what exoplanets are, why we need to study them and how they are discovered.
Exoplanets are planets that orbit other stars and are beyond our solar system. According to NASA, to date, more than 5,000 exoplanets have been discovered. Scientists believe that there are more planets than stars as each star has at least one planet orbiting it.
Exoplanets come in a host of different sizes. They can be gas giants bigger than Jupiter or as small and rocky as Earth. They are also known to have different kinds of temperatures — boiling hot to freezing cold.
Studying exoplanets not only broadens our understanding of other solar systems but also helps us piece together information about our own planetary system and origin.
However, the most compelling reason to learn about them is to find the answer to one of the most profound and thought-provoking questions of humankind.
In a bid to understand the characteristics of an exoplanet, researchers look for its mass and diameter along with determining if it is solid or gaseous or even has water vapour in the atmosphere.
Another important element of the study is finding out the distance between an exoplanet and its host star. This helps scientists determine if a discovered world is habitable or not.
Law Minister Kiren Rijiju’s suggestion to CJI MoP : the context and background (Page no. 18)
(GS Paper 2, Polity and Governance)
Union Minister for Law and Justice Kiren Rijiju has written to the Chief Justice of India (CJI) “suggesting” that a nominee of the government should be included in the collegium that makes recommendations for the appointment of judges. The letter offered the suggestion since the Memorandum of Procedure (MoP) is “pending finalisation”.
The MoP is the official playbook agreed upon by the government and the judiciary on the appointment of judges. It is a crucial document that governs the collegium system of appointing judges.
Since the collegium system evolved through a series of ruling by the Supreme Court, and is not based on legislation, the MoP is the bedrock of the process of appointments.
Three decisions of the SC, the First Judges Case (1981), Second Judges Case (1993), and Third Judges Case (1998), form the basis of the peer-selection process for the appointment of judges.
The MoP was sought to be re-negotiated after the SC on October 16, 2015 struck down the constitutional amendment that had brought in the National Judicial Appointments Commission (NJAC).
The NJAC, which was cleared by Parliament earlier that year, would have changed the system of appointment of judges to the higher judiciary, and given the government a foot in the door.
The Act passed in Parliament had provided for a six-member panel, including the Law Minister and two independent persons, to appoint judges to the SC and the High Courts.
After the NJAC Act was struck down, the SC directed the government to finalise the existing MoP by supplementing it in consultation with the Supreme Court collegium, taking into consideration eligibility criteria, transparency, establishment of a new secretariat and a mechanism to deal with complaints against proposed candidates.
Draft MoPs were exchanged between the government and the collegium during 2015-17. A key point of contention was the inclusion of a “national security” clause that could thwart an appointment.
However, before the document could be finalised, the Supreme Court in a judgment observed that that “there is a need to revisit the process of selection and appointment of Judges to the Constitutional Courts.”
The SC observation came in a July 2017 ruling by a seven-judge Bench in a suo motu contempt proceeding against Justice C S Karnan, who was then a judge of the Calcutta High Court.
Economy
RBI proposes expected loss-based approach for provisioning by banks (Page no. 19)
(GS Paper 3, Economy)
The Reserve Bank of India (RBI) on Monday proposed a framework for adoption of an ‘expected loss-based’ approach for provisioning by banks.
Presently, banks are required to make loan loss provisions based on an ‘incurred loss’ approach, which used to be the standard globally till recently.
To further enhance the resilience of the banking system, Reserve Bank proposes to amend the prudential regulations governing loan loss provisioning by banks to incorporate the more forward looking expected credit losses approach as against the extant ‘incurred loss’ approach,” the RBI said in the discussion paper on expected loss (EL)-based approach for loan loss provisioning by banks.
The impact of adopting the forward looking expected credit loss approach to estimating loss provisions, is likely to result in excess provisions as compared to shortfall in provisions.
The key requirement under the proposed framework shall be for the banks to classify financial assets (primarily loans, including irrevocable loan commitments, and investments classified as held-to-maturity or available-for-sale) into one of the three categories – Stage 1, Stage 2, and Stage 3, depending upon the assessed credit losses on them, at the time of initial recognition as well as on each subsequent reporting date and make necessary provisions.
As per the norms, banks will be allowed to design and implement their own models for measuring expected credit losses for the purpose of estimating loss provisions in line with the proposed principles.
The proposed norms are for all scheduled commercial banks, excluding regional rural banks. The RBI has sought feedback on the paper till February 28, 2023.