Judicial Appointments and Judicial Independence, Mindfulness Therapy, Temple Inscriptions of Tamil Nadu

(General Studies II – Constitution – Separation of powers between various organs dispute redressal mechanisms and institutions. Comparison of the Indian constitutional scheme with that of other countries.)

• Judicial appointments in India have been a topic of considerable debate, especially with respect to the balance between judicial independence and accountability.
• With over 60 lakh pending cases in various High Courts and 30% vacancies, the issue of delayed justice is intertwined with the judicial appointment process.
• Recently, 32 years after a blackmail and sexual abuse case in Ajmer, a POCSO court convicted six individuals, sentencing them to life imprisonment.
• The Collegium system currently governs the appointments of judges, but it has been criticised for its lack of transparency and accountability.
• The National Judicial Appointments Commission (NJAC) with the 99^th Constitutional Amendment Act, introduced in 2014, was intended to reform this process but was struck down by the Supreme Court.

                                 Table: Case Pending at Various Levels of Judiciary, Source: NJDG

Collegium System of Judicial Appointments –

• The President appoints the Judges of the Supreme Court under Article 124 whereas the Judges of the High Court are appointed under Article 217 of the Constitution after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The Collegium system in India evolved through the Three Judges Cases (1981, 1993, 1998) giving different interpretations of the word ‘consultation’.
• The Collegium system allows the judiciary to recommend judicial appointments without interference from the executive or legislature.
• The Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court decide on appointments and transfers of judges at the highest level.

Global Perspectives on Judicial Appointments –

Challenges in India’s Judicial Appointment Process –

• Delayed Appointments: Vacancies in the higher judiciary, including the Supreme Court and High Courts, lead to delays in delivering justice.
• Lack of Transparency and Accountability: The Collegium system has been criticized for its lack of transparency, with no public criteria for judicial appointments. This has led to perceptions of favouritism and nepotism in appointments, undermining public confidence in the judiciary.
• Executive-Judiciary Standoff: Delays in appointments are often due to tensions between the judiciary and the executive. The government sometimes holds back on clearing recommendations made by the Collegium, exacerbating vacancies.

Way Forward –

• Need for Balance: There is a need to rework the NJAC to ensure both judicial independence and transparency. Incorporating suggestions from all stakeholders, including the judiciary, the executive, and civil society, could lead to a more balanced structure.
• Transparent Criteria: A reformed NJAC could introduce clear criteria for judicial appointments, ensuring merit-based selections and diversity in the judiciary.
• Involvement of Multiple Stakeholders: The new system could include representatives from: the judiciary (to ensure independence), executive (to maintain accountability), Civil society (to represent public interest), and Legal professionals (to ensure competence and professionalism).
• Lessons from Other Countries: India could adopt elements from global models like the UK’s Judicial Appointments Commission or South Africa’s Judicial Service Commission, which involve a broader set of stakeholders in the selection process.

India’s judicial appointment system stands at a critical juncture. Reform is vital to address the vast backlog of cases and deliver timely justice, as “justice delayed is justice denied.” Equally important is preserving judicial independence to avoid the pitfalls of “justice hurried is justice buried.” Striking a balance between judicial independence and accountability is crucial for upholding India’s rule of law and safeguarding judicial integrity.

• Japan is facing a rice shortage due to extreme weather conditions that devastated last year’s crop, leading to the lowest rice inventories in 25 years.
• High temperatures and dry conditions during the summer reduced yields and damaged grain quality, worsening the situation.
• Saitama, one of Japan’s hottest regions, is at the forefront of efforts to combat this issue by developing heat-resistant rice varieties.
• Heat disrupts starch accumulation in rice grains, resulting in lower quality and reduced market value, which directly impacts farmers’ incomes.
• A new heat-resistant variety called “Emihokoro” or beaming smile.
• ‘Emihokoro’ is engineered to sustain stable growth and yield under higher temperatures.

Dig Deeper: Read about India’s recently launched weather-resistant, high-yield crop varieties.

• A recent NIMHANS (National Institute of Mental Health and Neurosciences) study highlights the rise of serious gaming addiction among students, leading to anxiety, poor academic performance, and neglect of social interactions and self-care.
• To address this, NIMHANS is exploring Mindfulness-based Interventions (MBIs) like Mindfulness-Based Stress Reduction (MBSR) and Mindfulness-Based Cognitive Therapy (MBCT).
• Mindfulness therapy encourages individuals to focus on their thoughts, feelings, and sensations in the present moment, helping them manage impulses and emotions more effectively.
• This approach is particularly useful for treating mental health conditions such as anxiety, depression, and addiction.
• By fostering self-awareness, mindfulness therapy helps break the cycle of compulsive gaming and reduces reliance on gaming as an emotional escape.

Dig Deeper: Read about the National Mental Health Survey and initiatives like Tele-MANAS.

• The annual meeting of the Pacific Islands Forum (PIF) is hosted in Nuku’alofa, the capital of Tonga recently.
• The Pacific Island Forum has seen an increase in stature over the past few years, as powerful nations seek to peddle influence in the region for example China and the US.
• The Forum focuses on pressing issues likeRegional Security and Climate Change as most of the small island nations face existential threats due to sea levels rising.
• The Pacific Way seeks to build consensus and places relationships between the countries of the “Blue Pacific Family” at the centre.
• The Blue Pacific Family members are linked by common culture and heritage and distinguish themselves from the broader Indo-Pacific region.
• Discussions centred on unrest in New Caledonia, where the Indigenous Kanak people seek independence from France.
• The UN Secretary-General supported efforts to address climate challenges, highlighting the deteriorating water quality in the region.
• An Australian-funded Pacific Police Training Center, aimed at countering China’s influence, was also endorsed by Pacific leaders.
• Controversy arose over Taiwan’s participation, though a previous agreement allowing Taiwan’s involvement was reaffirmed.

Dig Deeper: Read about Small Island Developing States.

• The Archaeological Survey of India (ASI) is currently copying important stone inscriptions from temples in Tamil Nadu.
• Tiruchi District:
• Inscriptions from the Mattrurai Parameswaran Temple in Thiruvasi, which date back to the Kulothunga Chola period (11^th -12^th century).
• The Agneeswarar Temple in Periya Karuppur is from the Vijayanagara Empire (14^th century).
• Theni District: Inscriptions at the Mayapandieswarar and Varadharaja Perumal temples (12th century) referencing Pandya king Sundarapandiyan, were copied.
• Madurai District: Recently, ASI also discovered inscriptions on nearly 30 pillars at the Moolanathaswamy Temple in Sholavandan, Madurai.
• These inscriptions reference donations made to temples also known as Devadana.
• The copied inscriptions are studied further after being imprinted onto Maplitho papers where the exact imitation of the inscription will be obtained.
• The inked paper will be used for further study.

Dig Deeper: Locate important temples of Dravidian Architecture in Tamil Nadu.