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Recently, the Supreme Court has highlighted the rights of people accused of money laundering, even in the face of stringent provisions on arrest and bail under the Prevention of Money Laundering Act (PMLA), 2002.

Rights of People accused of Money Laundering

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India is grappling with a paradox of jobless growth, where remarkable Gross Domestic Product (GDP) expansion is not translating into a corresponding increase in employment opportunities.

Current Scenario of Employment and GDP growth in India

• Economic Growth and Employment Trends
  • GDP Growth: India has been the fastest-growing major economy in the world, with an impressive GDP growth rate of 6.5-7% annually between 2011-12 and 2022-23.
  • Employment Growth: Despite the strong GDP growth, employment grew at a much slower pace of only 1.9% annually during the same period.
• Employment versus Labor Supply Dynamics
  • Employment Growth: Employment increased from approximately 466 million in 2011-12 to about 577 million in 2022-23.
  • Labor Supply Growth: The labor supply grew from 477 million in 2011-12 to approximately 595 million in 2022-23.
• Unemployment Backlog
  • Unemployment Increase: The difference between the growth of employment and labor supply led to a rise in unemployment. The number of unemployed individuals grew from around 10 million in 2011-12 to over 19 million in 2022-23.
  • Unemployment Growth Rate: This represents an annual growth rate of over 5.6% in unemployment, which is significantly high and not much lower than the GDP growth rate.

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Key Insights

• Jobless Growth: The data indicates a scenario of “jobless growth,” where economic expansion is not accompanied by a proportional increase in employment opportunities.

• Productivity vs. Employment: While some divergence between output growth and employment growth is expected due to productivity improvements, the significant gap suggests that economic growth has not been inclusive enough to generate sufficient jobs.
• Implications for Unemployment: The slow pace of employment growth compared to labor supply has led to an increasing unemployment backlog, indicating that economic policies need to focus more on labor-intensive growth and effective job creation strategies.

Definition of Employment 

A person is considered employed if they are engaged in any economic activity, defined as any work, whether for wage/salary, profit, or family gain during the reference period specified. 

Reasons for Economic Growth Not Corresponding with Sufficient Job Creation

• Premature Deindustrialization: India is facing premature deindustrialization, where the manufacturing sector’s share in GDP and employment is declining at a much lower income level than in developed countries. 
• Skill Gap Issue: There exists a notable disparity between the skills required by employers and those that workers currently possess. Despite efforts like the Skill India initiative, these programs have fallen short of their goals, resulting in high rates of both unemployment and underemployment.
• Prevalence of Informal Employment: More than 90% of India’s workforce is engaged in the informal sector, which is marked by low productivity, a lack of job security, and minimal social protection.
  • Although the gig economy presents new employment opportunities, it often lacks stability and career advancement prospects, exacerbating job insecurity.
• Challenge in Job Creation and rising working population: With approximately 12 million new individuals joining the workforce each year, India must create 10-12 million jobs annually to harness its demographic dividend and prevent it from becoming a demographic liability. However, the current rate of job creation is insufficient, posing a risk of social unrest and economic challenges.
• ‘Missing Middle’ in MSMEs: India’s industrial structure is polarized between very small firms and large corporations, with a lack of mid-sized enterprises that are typically most effective at generating employment. The MSME sector, crucial for job creation, continues to struggle following demonetization and the COVID-19 pandemic.
• Job loss due to AI and automation: The rise of automation and AI is reshaping job markets, with the potential to displace up to 9% of India’s workforce by 2030. These advancements typically demand a highly skilled workforce, which could increase unemployment rates among lower-skilled workers.
• Misalignment of Academic Curriculums with Industry Needs: India’s education system does not adequately prepare students for modern job markets, leading to a situation where only 47% of graduates were employable in 2019. This mismatch creates inefficiencies, with a significant number of job seekers unable to meet industry demands.

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Strategies to make Economic Growth More Labor-Intensive

• Lowering Wage-Rental Ratio: To promote labor-intensive growth, policies should lower the wage-rental ratio, making labor cheaper relative to capital. Lowering this ratio can make labor-intensive sectors like construction and textiles more profitable, encouraging investment.
  • However, lowering wages is not feasible in India due to already low wage levels.
• Focus on Labor-Intensive Sectors: Labour intensive sectors like construction, trade, transport, and textiles, which currently employ about 240 million people, could benefit from a shift in resource allocation if the wage-rental ratio is reduced.
• Employment-Linked Incentives: Implementation of a robust employment-linked incentive (ELI) scheme, like the Production-Linked Incentive (PLI), to promote job creation in labor-intensive sectors.
• Addressing Labor Market Rigidities: Simplify labor laws and reduce the compliance burden, which currently hinders employment growth, by drawing on comparative evidence from different states.
• Raising the cost of Capital: In India, government-controlled low capital costs, influenced by artificially low interest rates, fail to reflect true scarcity. This discourages labor-intensive investments. Raising capital costs could shift focus towards more labor-intensive sectors, promoting job creation.
• Adjusting exchange rates to make imports more expensive and exports cheaper, though this could lead to accusations of currency manipulation.

Challenges to Lowering Wage-Rental ratio 

• Low Wage Levels: The wages in India are extremely low, with regular employees earning about ₹1,000 monthly, casual laborers earning ₹4,500 monthly, and self-employed individuals making around ₹7,000 monthly in 2022-23. The already depressed wage scenario limits the option of reduction of wages..
• Controlled Capital Costs: Capital costs are indirectly controlled by the government’s dominant borrowing and lending practices. 
  • For instance, the yield on 10-year government securities has remained stable at 7-7.5%, and the real interest cost of capital is around 2%, which is relatively low and sometimes negative, not reflecting the true scarcity of capital.
• Import Dependent Nation: However, as an import-dependent nation, currency depreciation could lead to significant negative externalities.

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Way Forward

• Efforts for developing Skilling Ecosystem: Focus on developing localized skill hubs that provide training aligned with local industry needs, creating a direct pathway for skilled workers to meet regional employer demands.
• Empowering Gig Workers through Cooperatives: Promote the creation of cooperatives owned by gig workers to strengthen collective bargaining, optimize resource sharing, and provide financial stability, all while maintaining the flexibility that gig jobs offer.
• AI Skills Enhancement Initiative: Develop a national program to train the workforce for roles that incorporate AI technology, focusing on emerging job sectors where human abilities are complemented by AI, thereby increasing efficiency and employment opportunities.
• Jobs in Circular Economy Hubs: Create dedicated hubs for circular economy practices, offering employment in recycling, repurposing, and sustainable design, thereby fostering job growth while also promoting environmental conservation.

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An unexpected cyclone in the Arabian Sea crossed Gujarat’s coast which left meteorologists puzzled. 

• The western Arabian Sea is usually inhospitable to cyclone formation due to cooler sea temperatures and dry air from the Arabian Peninsula.

About Cyclones

• Cyclones are big, swirling masses of air rotating around a centre of low pressure. 
  • This is a powerful natural phenomenon characterized by strong winds and heavy rainfall. 
  • It is a low-pressure area in the atmosphere in which winds spiral upward
• Condition for Formation for tropical cyclone: Heat, Air, and Forces
  • Temperature: Warm sea surface temperature above 27 degrees Celsius.
  • Supply of Warm Air: Large and continuous supply of warm and moist air that can release enormous latent heat.
  • Coriolis force: Strong Coriolis force that can prevent the filling of low pressure at the centre (absence of Coriolis force near the equator prohibits the formation of tropical cyclones between 0°-5°°latitude).
  • Unstable Condition: Catalyst for Cyclone Development
    • Through the troposphere that creates local disturbances around which a cyclone develops.
    • Absence of strong vertical wind wedge, which disturbs the vertical transport of latent heat.

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Why More Cyclones Occur In The Bay of Bengal Than In The Arabian Sea?

There are more cyclones in the Bay of Bengal than in the Arabian Sea for several reasons:

• The Bay of Bengal is a shallow embayment: The Bay of Bengal is more shallow than the Arabian sea so there is more heat transfer from the water to the air. 
  • This increases the potential for moisture and instability, which are necessary ingredients for cyclone formation.
• Surrounding Landmass:The Bay of Bengal is surrounded by land on three sides, which generates additional moisture and instability. 
  • The low-lying coastal regions often get inundated when the storm makes landfall.
  • The Bay of Bengal has a much larger area than other water bodies in the region. 
    • This makes it easy for a storm to dissipate and West Bengal is one of the most active areas for tropical cyclone formation in the world.
• Landlocked Sea of Arabian Sea: The sea is partially landlocked as it is bordered by Oman, Iran, Pakistan, India, and the Arabian Peninsula. 
  • The partial landlocked system of the sea makes it more saline in nature. 
  • The sea is also cooler than the Bay of Bengal, which makes it less prone to cyclones.
• Bigger River Discharge in Bay of Bengal: Large rivers like the Ganges, Brahmaputra, and Irrawaddy discharge warm fresh water into the Bay of Bengal, which keeps the surface layer warm and less saline. 
  • This warm water helps in the formation and intensification of cyclones.
• Less Convective Activity: Arabian Sea has much less convective activity during the pre-monsoon and is relatively less prone to cyclogenesis. 
  • The northeast monsoon and dry continental air ends up cooling the Arabian Sea during the post-monsoon. 
  • The number of cyclones in the Arabian Sea is thus about half of that over the Bay of Bengal in both seasons.
• Deeper and Narrower: The Arabian Sea is deeper, so the waves are not as high as in the Bay of Bengal.
  • The Arabian Sea is much narrower than the Bay of Bengal, which means that cyclones have a harder time forming.
  • The Bay of Bengal  wide expanse of shallow water heats up more quickly than deep water, providing the necessary conditions for storms to form.
• Minimum Temperature Requirement: A sea surface temperature of 27 degrees Celsius and above is needed for a low-pressure system to intensify into a cyclone.
  • Currently, the sea surface temperature in the Bay of Bengal is 28-30 degrees Celsius. 
  • It is around 27-28 degrees Celsius in the Arabian Sea
  • It’s colder (below 26 degrees Celsius) in the west-central Arabian Sea and very warm (above 32 degrees Celsius) in the Gulf of Aden.
  • The Tropical Cyclone Heat Potential is high in the central Bay of Bengal but low in the northern and central Arabian Sea.

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Reasons are attributed to increasing cyclones in Arabian Sea

• Rising Sea Surface Temperatures (SST): One of the most significant factors is the warming of the Arabian Sea due to global climate change. 
  • Warmer sea surface temperatures provide more energy and moisture, which are crucial for the formation and intensification of cyclones.
• Reduced Vertical Wind Shear
  • Changing Wind Patterns: Historically, the Arabian Sea experienced strong vertical wind shear, which often prevented cyclones from forming or intensifying. 
  • However, recent years have seen a reduction in vertical wind shear, particularly during the pre- and post-monsoon seasons, allowing cyclones to develop more easily.
  • Weakened Monsoon Winds: The southwest monsoon winds over the Arabian Sea have shown signs of weakening, reducing the disruption of cyclonic systems.

• Positive IOD Events: The Indian Ocean Dipole, a climate phenomenon characterized by the difference in sea surface temperatures between the western and eastern Indian Ocean, has been more frequently positive in recent years. 
  • A positive IOD warms the western Indian Ocean, including the Arabian Sea, making it more conducive to cyclone formation.
• El Niño and La Niña: These global climatic events have a significant impact on the Indian Ocean region, including the Arabian Sea. 
  • El Niño tends to reduce cyclone activity in the Bay of Bengal while increasing it in the Arabian Sea, particularly during the post-monsoon season.

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The French culture ministry has chosen the zinc roofers as the country’s entry for the UNESCO list of Intangible Cultural Heritage to be decided at the UN body’s session in Paraguayan capital Asuncion.

Zinc Roofers of Paris

• About Zinc Roofers: Zinc roofers of Paris are skilled craftsmen responsible for creating and maintaining the distinctive zinc rooftops that have become a hallmark of the city’s architectural identity. 
  • These rooftops are made from sheets of zinc that are meticulously cut, shaped, and installed by these artisans. 
• Historical: The tradition dates back to the 19th century and has played a significant role in shaping the aesthetic of Paris.
• Usage and Significance: Zinc roofing is not only valued for its durability and weather resistance but also for its ability to be molded into the intricate designs that contribute to the beauty of Parisian buildings. 
  • The rooftops, with their soft grey tones, have become an iconic feature of the city’s skyline.
• Criticism: Zinc – especially when it is darker – is a strong absorbent of heat, meaning in summer buildings retain the sun’s rays, and in the smaller flats  on the top floor, temperatures can reach dangerously high. 

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What is UNESCO’s Convention for Safeguarding the Intangible Heritage?

• UNESCO’s Convention for the Safeguarding of the Intangible Cultural Heritage, adopted in 2003
• AIM: It is an international treaty aimed at protecting and promoting intangible cultural heritage worldwide.

•  This convention recognizes the importance of intangible cultural heritage as a living, evolving form of culture that is vital for maintaining cultural diversity in the face of growing globalization.
• Unesco Intangible Cultural Heritage List: UNESCO established its Lists of Intangible Cultural Heritage with the aim of ensuring better protection of important intangible cultural heritages worldwide.
  • Intangible cultural heritage is:Traditional, contemporary and living at the same time: Intangible cultural heritage does not only represent inherited traditions from the past but also contemporary rural and urban practices in which diverse cultural groups take part;
    • Inclusive: It contributes to social cohesion, encouraging a sense of identity and responsibility which helps individuals to feel part of one or different communities and to feel part of society at large;
    • Representative: It thrives on its basis in communities and depends on those whose knowledge of traditions, skills and customs are passed on to the rest of the community, from generation to generation, or to other communities;
    • Community-based: Intangible cultural heritage can only be heritage when it is recognized as such by the communities, groups or individuals that create, maintain and transmit it 

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List of Intangible Cultural Heritage of India

The following 15 traditions and rituals from India have been included on the ‘Intangible Cultural Heritage of India’ list:

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The Central Bureau of Investigation (CBI) conducted a second round of polygraph tests on seven people, in connection with the rape and murder of a resident doctor at the R.G. Kar Medical College and Hospital in Kolkata.

What Are Deception Detection Tests?

• Deception detection tests (DDTs) are scientific procedures employed to detect probable deception during interrogation.  These tests include
  • Polygraph Tests: A polygraph test operates on the presumption that specific physiological responses are triggered when a person is lying. 
    • Working: Typically, the test is administered by attaching instruments like cardio-cuffs or sensitive electrodes to the suspect to measure variables such as blood pressure, galvanic skin response (a proxy for sweat), breathing and pulse rate. 
      • As questions are posed, each physiological response is assigned a numerical value to determine whether the individual is telling the truth or being deceptive.

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• • Narco-analysis: In contrast, narco-analysis involves the injection of a drug called sodium pentothal into the accused, inducing a hypnotic or sedated state. 
    • The assumption is that a subject in such a state is less inhibited and is more likely to divulge information. 
    • Because the drug is thought to weaken the subject’s resolve to lie, it is often referred to as a “truth serum.” 
  • Brain Mapping: It measures a subject’s neural activity—specifically brainwaves—using electrodes attached to the face and neck. 
    • It operates on the principle that the brain generates distinctive brainwaves when exposed to familiar stimuli, such as an image or a sound.

Legal and Ethical Dimensions Of DDTs

• Fundamental Rights & Supreme Court Ruling: In 2010, the Supreme Court of India in the case of Selvi & Ors vs State of Karnataka held that the results of polygraph tests, narco-analysis, and brain-mapping tests cannot be admitted as evidence in court without the consent of the person undergoing the test. 
  • Article 20(3): The court ruled that these tests violate Article 20(3) of the Indian Constitution, which protects against self-incrimination.
  • Article 21:  A person’s right to make a statement or remain silent is integral to their right to privacy. 
    • Thus, they underscored, compelling an individual to make a statement would also constitute a violation of Article 21 of the Constitution.
  • Little empirical evidence is present: SC accordingly cautioned that the results of these tests cannot be regarded as “confessions.” 
    • Evidence can be admitted in court: If any information or material is subsequently discovered “with the help of voluntarily administered test results,” such evidence can be admitted in court. 
      • For Example: If an accused discloses the location of a murder weapon during the test, and the investigating agency later finds the weapon at that location, the accused’s statement itself will not be admitted as evidence, but the weapon will be.
• Reliability and Scientific Validity: The effectiveness of DDTs in revealing “concealed knowledge in applied real-world settings” remains uncertain. 
  • The reliability of polygraph tests is questionable as the test’s underlying principle is flawed: Parameters such as heart rate and blood pressure, which indicate a state of hyper-arousal, have not been proven to be uniquely indicative of lying. 
  • Similarly, a 2019 study conducted in the United States: It flagged high false positive rates and noted that individuals can train themselves to beat a polygraph.
• Impact on Mental Health: The stress and anxiety associated with undergoing a polygraph test can have adverse psychological effects, particularly if the individual feels they are being unfairly 
• Informed Consent: Ethically, it is crucial that the individual undergoing a polygraph test provides informed consent, understanding both the procedure and the potential consequences. 
  • Coercing or pressuring individuals to undergo such tests would be ethically questionable.
  • For Example: In the book, The Truth Machines: Policing, Violence, and Scientific Interrogations in India, Jinee Lokaneeta underscores the highly invasive nature of polygraphs and other allied tests.
    • She questioned whether informed and free consent can ever be obtained in police custody. 
    • She also documents instances, such as in the case of the exonerees in the 2007 Mecca Masjid blasts case and the accused in the 2006 Mumbai blasts case, where narco analysis was forcibly administered, often accompanied by physical abuse, to extract false confessions.
• Autonomy: Respecting an individual’s autonomy and their right to refuse such tests is a core ethical principle.

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Way Forward

• Clear Guidelines and Regulations: The government should establish clear and comprehensive guidelines regarding the circumstances under which polygraph tests can be administered, ensuring compliance with constitutional rights. 
  • These guidelines should mandate informed consent, voluntary participation, and strict oversight to prevent misuse.
• Enhancing Scientific Research and Validation: Encouraging further scientific research into the accuracy and reliability of polygraph tests can help address the ongoing concerns about their validity. 
• Third-Party Oversight: Establishing independent oversight bodies to monitor the use of polygraph tests can help prevent abuse and ensure that ethical standards are upheld. 
• Transparency in Use: Law enforcement agencies should maintain transparency in their use of polygraph tests, including reporting on their frequency of use, the outcomes, and the safeguards in place to protect individuals’ rights.
• Balancing Law Enforcement Needs and Individual Rights: The decision to use polygraph tests should be made on a case-by-case basis, weighing the potential benefits against the risks to individual rights. 
  • In cases where polygraph tests are deemed necessary, stringent safeguards must be in place to ensure that their use does not violate constitutional protections.

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The second meeting of the Committee under the chairmanship of Cabinet Secretary met and reviewed the status of action taken by Ministries/departments and directed them to immediately issue advisories pertaining to queer community.

Government Of India Has Already Taken Following Interim Action On

• Ration Cards: Department of Food and Public Distribution (D/oF&PD) has issued an advisory to all the States and UTs, that as per existing provisions, enabling partners in a queer relationship are to be treated as a part of the same household for the purposes of ration card. 
  • No discrimination: States/UTs have been asked to take necessary measures to ensure that partners in queer relationship are not subject to any discrimination in the issuance of ration cards.

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• Joint Bank Account: Department of Financial Services (DFS) has issued an advisory that there are no restrictions for persons of the queer community to open a joint bank account 
  • Nominee Appointment: To nominate a person in queer relationship as a nominee to receive the balance in the account, in the event of death of the account holder.
• Health: Ministry of Health and Family Welfare has issued letters to States/UTs to take measures to ensure the rights of LGBTQI+ community with relation to healthcare, planning awareness activities, prohibition of conversion therapy, availability of sex reassignment surgery, changes in curricula, provision of Tele consultation, sensitization and training various levels of staff 
  • Claiming the Body: It also talk about making provision to claim the body when a near relative/next of kin/family is not available.
  • Ministry of Health and Family Welfare has framed guidelines in respect of medical intervention required in infants/ children with disorders of sexual differentiation (intersex) to have medically normal life without complications.
  • The Ministry is working on guidelines to address the issues pertaining to mental health/well-being of queer community.

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The problem of appointment of judges, which is linked to the problem of pendency of cases, has always been a matter of debate in India. 

• According to a report published by the Department of Justice, in April, while 60 lakh cases remained pending at various High Courts, 30% of the seats remained vacant.

Status of Judicial Pendency in India

As of June 2024, the status of judicial pendency in India is as follows: 

• Supreme Court: The Supreme Court ended 2023 with 80,439 open cases. 
• High Courts: 25 high courts have more than 61.7 lakh cases pending. 
• District Courts: 4.5 crore out of 5.1 crore cases are pending in district courts, which is more than 87%. 
• Other Significant Facts: 
  • The government is the biggest litigant, with the state sponsoring 50% of pending cases. 
  • Land and property disputes are the most common type of pending case. 
  • The pandemic years caused a sharp increase in pendency.

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Reasons for High Case Pendency in the Indian Judiciary

Following are the various reasons for high pendency of cases in the Indian Judiciary:

• Delays in Appointments: These are often caused by a standoff between the executive and the judiciary. 
  • This was exacerbated when the NJAC Act, 2014, and the 99th Constitution Amendment, 2014 was struck down.
  • These sought to give politicians and civil society a final say in the appointment of judges to the highest courts.
• Shortage of Judges: The scarcity of judges within the Indian judiciary is a key factor contributing to the backlog. 
• • As on September 1, 2021, the Supreme Court had one vacancy out of the sanctioned strength of 34 judges.  
  • In the High Courts, 42% of the total sanctioned posts for judges were vacant (465 out of 1,098).  
  • As on February 20, 2020, in subordinate courts, 21% posts out of the sanctioned strength of judges were vacant.
  • India has about 21 judges for every million people. China, by contrast, has about 159 judges for every million people.
• New Mechanisms and Litigation: Innovative mechanisms like Public Interest Litigation (PIL) have expanded the scope of cases brought before the courts. While PIL is valuable for addressing public issues, it also contributes to the caseload.
  • PIL is a legal mechanism that allows individuals or groups to approach the courts in order to address issues that affect the larger public or society’s interests. 
• Shifting Role of the Supreme Court: From adjudicating cases of constitutional significance into a regular court of appeals or cases of violation of fundamental rights.
• Others: Court vacations, high government litigations, inadequate infrastructure, procedural delays, etc.

Appointment of Judges in India

Through the collegium system, judges are appointed and transferred in the Supreme Court and high courts across the country. 

• Constitutional Provisions: 
  • Article 124: The appointment of Supreme Court judges should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. 
  • Article 217: The appointment of High Court judges should be made by the President after consultation with the CJI and the Governor of the state. 
• Procedure of Appointment:
  • Supreme Court Judges:
    • Recommendations by Collegium: All appointments must be recommended by the collegium.
    • Government Approval: This recommendation is then sent to the Central government via the law minister and then the prime minister before the President’s approval.
  • High Court Judges:
    • Recommendations of Collegium: High Court collegium must send a recommendation to the Chief Minister (CM) and the governor of the state.
    • Recommendations of State Executive: The governor will then send the recommendation to the Union Minister of Law and Justice, who will forward the recommendation to the CJI.
    • Government’s Approval:  The CJI, after being informed by the two senior-most judges of the SC, should send the recommendation to the Union Minister of Law and Justice.
      • He/she then puts the recommendations before the Prime Minister who will advise the President about the appointment.

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About Collegium System

The Supreme Court held that the collegium system protects the independence of the judiciary. 

• The Supreme Court Collegium: The collegium system is a forum including the Chief Justice of India and four senior-most judges of the SC, which recommends appointments and transfers of judges. 
• High Court Collegium: It includes the Chief Justice of the High Court along with its two senior-most judges 
  • These appointments include elevation of high court judges to the apex court and direct appointments of senior advocates as apex court judges.
  • Judges of the higher judiciary are appointed only through the collegium system, and the government has a role only after names have been decided by the collegium.
• Significance: 
  • A Structured Method: For the appointment and transfer of judges in higher courts. 
  • Preservation of the Independence: Independence of judiciary from the executive branch by endowing judges with substantial influence in the appointment of judges.
• Drawback: The collegium system has frequently been criticised for its lack of accountability and transparency, and the prevalence of nepotism. 
  • In the collegium system, no one knows what the criteria are to select judges. The system offers room for favouritism, which could prevent competent and deserving judges from being appointed. 
• Can the Collegium system be replaced?
  • Replacing the Collegium system calls for a Constitutional Amendment Bill.
  • It requires a majority of not less than two-thirds of Members of Parliament present and voting in Lok Sabha as well as Rajya Sabha.
  • It also needs the ratification of legislatures of not less than one-half of the states.

About National Judicial Appointments Commission (NJAC)

NJAC was introduced by the 99th Constitutional Amendment Act, 2014 to regulate the appointment of judges and empower the commission.

• Feature: The NJAC consisted of the Chief Justice of India (as Chairman), two senior most judges of the Supreme Court, the Law and Justice Minister and two eminent persons.
• Struck Down: The Constitution Bench of the Supreme Court declared NJAC unconstitutional citing that it violates the basic structure of the Constitution of India.
  • The Court determined that the NJAC may jeopardise impartiality and objectivity in the appointment process, thus endangering judicial independence. 

Need for NJAC over Collegium System

The NJAC was an elegant reform. Various experts, including former judges, have argued that the NJAC is a better system. Also, since the world over, the judiciary is not the sole body which appoints judges.

• Faster Appointment: If appointments of judges have to take place faster, there is a need to bring back the NJAC. It could have resulted in faster nominations of judges because of its democratic structure. 
• An Efficient Method: The NJAC could provide a more efficient method of appointing judges, encouraging communication between the arms of the state, and addressing some of the perceived drawbacks of the collegium system. 
• Inclusiveness: The NJAC Act, 2014 (99th Constitutional Amendment, 2014) sought to give politicians and civil society a final say in the appointment of judges to the highest courts.
• Independence of the Judiciary: Parliament in its wisdom enacted the NJAC Act and in order to give credence to the NJAC, it was to be headed by the Chief Justice of India, and include the Law Minister, two eminent persons, and two senior judges.

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Way Forward

Following are the various measures that need to be considered to reduce pendency cases in the judiciary system:

• Reworking of NJAC: The NJAC can be reworked by taking into account the views of the judiciary, the executive, and civil society, and the need to strike a balance between judicial independence and accountability.

• Establish a Comprehensive Regulatory Framework: It should clearly define the criteria, qualifications, and procedures for judicial appointments. 
  • It should incorporate provisions for transparency in decision-making, merit-based selection, and performance evaluations including the disclosure of reasons for appointments and transfers. 
• Strengthen Public Participation: It can be achieved through public consultations, open hearings, or the establishment of a judicial appointments commission that includes representatives from civil society. 
  • It will incorporate diverse perspectives and promote a more inclusive judiciary that reflects the aspirations and values of society.
• Adopt Alternate Proposal: The government has suggested a three-step process of appointments based on justice Madan B. Lokur’s ruling by involving:
  • appointment by way of applications or nominations
  • committee of eminent citizens 
  • submission of a written file to the executive

Conclusion

Attaining this equilibrium is vital for maintaining the rule of law and public confidence in the judiciary. Prior to any plan being finalised, all relevant parties, including the judiciary, legislature, civil society, and Bar Associations should be consulted.

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