1. Reforming the Process of Judicial Appointments
Introduction:
The process of judicial appointments in India has long been a subject of debate, particularly in the context of the balance of power between the executive and the judiciary.
The current collegium system has faced criticism for its lack of transparency and accountability, prompting discussions on potential reforms.
The National Judicial Appointments Commission (NJAC), which was struck down as unconstitutional, has been a focal point in this debate, highlighting the need for a more balanced approach to judicial appointments.
- The Collegium System:
- The collegium system, where judges appoint judges, is currently in place for appointing judges to the higher judiciary.
- Criticisms: The system is criticized for its lack of transparency, accountability, and susceptibility to nepotism. Despite these concerns, the judiciary has defended the collegium system as essential for maintaining its independence.
- Supreme Court’s Stance: The judiciary argues that any external involvement, particularly by the executive, in the appointment process could undermine judicial independence.
- The NJAC and its Downfall:
- The NJAC was proposed as a reformative body intended to bring transparency and accountability to judicial appointments. It included the Chief Justice of India, two senior judges, the Law Minister, and two eminent persons.
- Judiciary’s Concerns: The Supreme Court struck down the NJAC, contending that it would give undue control to the government, potentially jeopardizing judicial independence.
- Criticisms of the NJAC: Despite its intention to improve the system, the NJAC was criticized for lacking clarity on the criteria for appointments and for its potential to allow favoritism.
- Lessons from Other Countries:
- Various countries have implemented systems where judicial appointments are made by commissions comprising members of the judiciary, legal academia, and civil society, reducing executive influence.
- Examples:
- UK: The Constitutional Reform Act, 2005, established the Judicial Appointments Commission, which oversees the nomination of judges.
- South Africa: The Judicial Service Commission (JSC) includes members from the judiciary, legal professionals, and civil society, balancing different perspectives.
- France: The President of the Republic consults the High Council of the Judiciary, which provides advice on judicial appointments.
- The Need for Reform in India:
- Balanced Approach: A reformed system could incorporate elements of both the collegium and the NJAC, ensuring judicial independence while enhancing transparency and accountability.
- Transparent Criteria: Clear criteria for appointments and transfers, with input from various stakeholders, could prevent favoritism and improve the quality of judicial appointments.
- Safeguarding Independence: Any reform must prioritize the independence of the judiciary while ensuring that the appointment process is not opaque or susceptible to manipulation.
Conclusion:
Reforming the process of judicial appointments in India is crucial for maintaining public confidence in the judiciary and ensuring the efficient delivery of justice.
A balanced approach that includes the best aspects of the collegium system and the NJAC, along with lessons from other countries, could help achieve this goal. Ensuring transparency, accountability, and judicial independence must be at the heart of any reform to foster a robust and impartial judiciary.
Mains Practice Questions |
Q1. Critically examine the issues with the current collegium system of judicial appointments in India. Discuss the potential benefits and drawbacks of introducing a Judicial Appointments Commission. Q2. Analyze the significance of judicial independence in the context of judicial appointments. How can reforms to the appointment process ensure both transparency and independence of the judiciary?
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2. India's Neighbourhood Watch – Past and Present
Introduction:
India’s engagement with its neighboring countries has witnessed significant shifts over the past decades. From playing a catalytic role in the democratization of the region to dealing with emerging challenges, India’s foreign policy in its neighborhood has been both proactive and reactive. The dynamics of South Asia, particularly concerning Bangladesh, Sri Lanka, Myanmar, and the Maldives, have been complex, reflecting both opportunities and setbacks.
- Historical Overview (2008-2010):
- Democratic Transitions:
- India played a key role in supporting democratic movements across its neighborhood, including Bangladesh’s transition from military rule and the Maldives’ first multi-party elections in 2008.
- In Sri Lanka, the defeat of the Liberation Tigers of Tamil Eelam (LTTE) in 2009, with India’s tacit support, marked a significant shift in regional stability.
- Strengthening Bilateral Ties:
- India’s relationship with Sheikh Hasina’s government in Bangladesh was notably beneficial, emphasizing mutual interests.
- The period also saw India extending significant economic and developmental aid to its neighbors, enhancing its influence in the region.
- Present Scenario (2024):
- Bangladesh:
- The collapse of Sheikh Hasina’s government in August 2024, after four consecutive terms, poses a challenge to the democratic gains made in the region.
- India’s failure to engage effectively with Bangladesh’s opposition has strained bilateral relations.
- Sri Lanka:
- The political and economic crisis in Sri Lanka has led to instability, with India caught off-guard by rapid developments.
- India’s inability to influence Sri Lanka’s internal political dynamics, despite its historical ties, reflects the limitations of its regional influence.
- Myanmar:
- Myanmar’s military reasserted control in 2021, reversing the democratic progress made in the previous decade.
- India’s cautious approach, balancing its strategic interests with the need for regional stability, has been tested by the ongoing civil strife in Myanmar.
- Challenges in India’s Neighborhood Policy:
- Inconsistent Engagement:
- India’s engagement with its neighbors has often been reactive rather than proactive, leading to missed opportunities in stabilizing and influencing regional developments.
- Diplomatic and Strategic Limitations:
- India’s attempts to counter China’s influence in the region have met with mixed success. While financial aid and development projects have been significant, they have not always translated into lasting political influence.
- Internal Political Dynamics:
- The internal political changes in neighboring countries, often unpredictable, have left India struggling to maintain consistent relationships. The lack of a cohesive strategy to deal with opposition forces and civil unrest has further complicated matters.
- Lessons and Way Forward:
- Proactive Diplomacy:
- India needs to adopt a more proactive stance in its neighborhood, engaging with all political actors and civil society to build enduring relationships.
- Institutional Strengthening:
- Building stronger institutional links, rather than relying solely on personal or party relationships, could ensure more consistent foreign policy outcomes.
- Regional Cooperation:
- Strengthening regional platforms like SAARC and BIMSTEC could provide India with greater leverage in addressing collective challenges in South Asia.
Conclusion:
India’s neighborhood policy has seen both successes and setbacks over the years. As the region undergoes rapid political changes, it is imperative for India to reassess its strategies and adopt a more comprehensive and proactive approach. Strengthening institutional ties, broadening diplomatic engagement, and enhancing regional cooperation will be key to ensuring stability and progress in South Asia.
Mains Practice Questions:
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Q1. Evaluate India’s role in supporting democratic transitions in its neighborhood from 2008 to 2010. How have these efforts impacted India’s regional influence? Q2. Discuss the challenges India faces in maintaining stable relations with its neighboring countries in light of recent political developments. Suggest measures to enhance India’s diplomatic effectiveness in the region.
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3. Transitioning Punjab and Haryana to Less Water-Guzzling Crops
Introduction:
The agriculture sector in Punjab and Haryana has long been dominated by water-intensive crops, particularly paddy, which has led to severe groundwater depletion and environmental concerns. In response, the central and state governments have introduced schemes to incentivize farmers to transition to less water-guzzling crops, aiming for a more sustainable agricultural practice.
- Government Initiatives:
- Incentive Schemes: The Central and Punjab governments offer incentives of ₹15,000 per hectare to encourage farmers to shift from paddy to other crops. Haryana has a similar scheme but offers higher incentives.
- Funding Structure: The scheme is funded in a 60:40 ratio between the Centre and the states, amounting to ₹28,897 crore for FY 2024-25.
- Procurement Assurance: Farmers who switch to crops like pulses or oilseeds are assured of procurement at Minimum Support Prices (MSP) by government agencies.
- Challenges in Implementation:
- Profitability Gap: Paddy remains significantly more profitable than alternative crops due to lower input costs and higher MSPs. This profitability gap makes it difficult to persuade farmers to switch.
- Water Usage and Environmental Impact: Paddy cultivation requires 20-25 irrigations compared to just four for pulses, oilseeds, and millets, exacerbating groundwater depletion. However, paddy remains attractive due to existing subsidies and procurement guarantees.
- Farmer Hesitancy: There is resistance among farmers to diversify away from paddy due to the guaranteed procurement and established cultivation practices.
- Environmental and Economic Considerations:
- Groundwater Depletion: 87% of Punjab’s blocks are categorized as over-exploited, critical, or semi-critical concerning groundwater levels, necessitating urgent action.
- Greenhouse Gas Emissions: Paddy cultivation is a significant source of greenhouse gases (GHG), contributing to climate change.
- Soil Health and Biodiversity: Diversification to less water-intensive crops can prevent soil degradation, promote biodiversity, and enhance long-term agricultural sustainability.
- Proposed Solutions and Recommendations:
- Adjustment in MSP: Ensuring that MSPs for alternative crops are competitive with paddy will help make diversification more attractive to farmers.
- Targeted Subsidies: Redirecting subsidies towards inputs for less water-intensive crops could reduce the overall cost burden on the state and encourage sustainable farming practices.
- Awareness and Support: Farmers need to be educated about the long-term benefits of crop diversification, including environmental sustainability and reduced input costs.
- Broader Implications:
- National Food Security: Transitioning away from paddy in these states is essential for maintaining food security, given the unsustainable water usage.
- Global Climate Goals: Reducing GHG emissions from agriculture aligns with India’s commitments to global climate change mitigation efforts.
Conclusion:
The success of transitioning Punjab and Haryana to less water-guzzling crops hinges on effectively balancing profitability for farmers with environmental sustainability. This requires a holistic approach, including competitive MSPs for alternative crops, targeted subsidies, and robust farmer support systems. If implemented effectively, these initiatives could set a precedent for sustainable agricultural practices across India.
Mains Practice Questions:
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Q1. Discuss the challenges and opportunities in transitioning from water-intensive crops like paddy to less water-guzzling crops in Punjab and Haryana. What role can government incentives and subsidies play in this process? Q2. Examine the environmental and economic implications of continuing paddy cultivation in Punjab and Haryana. Suggest measures that can be taken to promote crop diversification in these states.
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