boldias

Current Affairs 01.09.2024

  1. Indian Heritage
  • Culture
  • Modern Indian history
  • The Freedom Struggle
  • Post-independence
  • Indian Society

A. population and associated issues

B. poverty and developmental issues

C.urbanization

   7. Geographical features

8.Indian Constitution

President of India graces valedictory session of the National Conference of District Judiciary

The President of India, Smt. Droupadi Murmu graced the valedictory session of the two-day National Conference of District Judiciary, organised by the Supreme Court of India, in New Delhi today (September 1, 2024). She also unveiled the flag and insignia of the Supreme Court on the occasion.

Addressing the gathering, the President said that since its establishment, the Supreme Court of India has made an invaluable contribution as a vigilant sentinel of the judicial system of the world’s largest democracy. Indian jurisprudence has a very respectable place because to the Supreme Court. She appreciated the contribution of all present and past people associated with the Indian Judiciary. She was happy to note that on the completion of 75 years of its establishment, the Supreme Court has organized many programs that have increased people’s trust and attachment towards our judicial system.

 The President said that the feeling of faith and reverence towards justice has been a part of our tradition. She referred to her address on a previous occasion and reiterated that people consider every judge in the country as God. Every judge and judicial officer of our country has the moral responsibility to respect dharma, truth and justice. At the district level, this moral responsibility is the lighthouse of the judiciary. The district-level courts determine the image of the judiciary in the minds of crores of citizens. Therefore, providing justice to the people through the district courts with sensitivity and promptness and at a low cost is the basis of the success of our judiciary.

The President said that in recent years there have been significant improvements in the availability of infrastructure, facilities, training and human resources of the judiciary at the district level. But, a lot remains to be done in all these areas. She was confident that rapid progress would continue on all dimensions of reform.

The President said that pendency and backlog of cases is a big challenge before the judiciary. She stressed the need to ponder upon the serious issue of cases remaining pending for as long as over 32 years.

She emphasised that programmes such as special Lok Adalat week should be organised more frequently. This will help in tackling the pendency of cases.  All stakeholders have to find a solution by giving priority to this problem. She was happy to note that many aspects related to case management were discussed in one of the sessions of this conference. She expressed confidence that these discussions will yield practical results.

The President said that our Constitution provides for the power and responsibilities of the Legislative and Executive bodies at the local level through Panchayats and Municipalities. She asked if we could think of a justice system at the local level equivalent to these. She stated that making arrangements to provide justice in the local language and local conditions can help in achieving the ideal of taking justice to everyone’s doorstep.

The President said that there are many challenges before our judiciary which will require coordinated efforts by all stakeholders to resolve them. For example, the judiciary, government and police administration should work together to find solutions to issues related to evidence and witnesses.

The President said that when court decisions in a heinous crime like rape come after a generation has passed, the common man feels that the judicial process lacks sensitivity. She stated that it is a sad aspect of our social life that, in some cases, people with resources continue to roam around fearlessly and freely even after committing crimes. Those who suffer from their crimes live in fear as if those poor people have committed some crime.

The President said that the poor people from villages are afraid to go to court. They become a participant in the justice process of the court only under great compulsion. Often they tolerate injustice silently because they feel that fighting for justice can make their lives more miserable. For them, going away from the village to the court even once becomes a cause of great mental and financial pressure. In such a situation, many people cannot even imagine the pain that poor people experience due to the culture of adjournment. Every possible measure should be taken to change this situation.

The President said that the children of women who are in prison, have their entire lives lying ahead. Our priority should be to assess and improve what is being done for their health and education. She stated that juvenile delinquents are also in the early stages of their lives. Taking measures to improve their thinking and mental health, providing them with useful skills for living, and providing them free legal aid should also be our priority.

9. Polity

Reforming the process of judicial appointments

Some countries have commissions comprising members of the judiciary and legal academia, politicians, and laypersons to appoint judges. India could take lessons from them

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

Collegium system versus NJAC

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. Delays in appointments are often caused by a standoff between the executive and the judiciary. This was exacerbated when the Supreme Court struck down as unconstitutional the National Judicial Appointments Commission (NJAC) Act, 2014, and the 99th Constitution

Amendment, 2014, which sought to give politicians and civil society a final say in the appointment of judges to the highest courts. The Court held that the collegium system, which is in place, protects the independence of the judiciary. Since the world over, the judiciary is not the sole body which appoints judges, this argument has always appeared weak.

Furthermore, the collegium system has frequently been criticised for its lack of accountability and transparency, and the prevalence of nepotism. Parliament in its wisdom enacted the NJAC Act. The proposed body would have replaced the collegium system. In order to give it credence, the NJAC was to be headed by the Chief Justice of India, and include the Law Minister, two eminent persons, and two senior judges.

The judiciary contended that the NJAC would give the government excessive control over selection of judges, therefore undermining its independence. The Court determined that the NJAC may jeopardise impartiality and objectivity in the appointment process, thus endangering judicial independence. However, a number of legal professionals, including former judges, have argued that the NJAC is a better system. If appointments of judges have to take place faster, we need to bring back the NJAC. Prior to any plan being finalised, all relevant parties, including the judiciary, legislature, civil society, and Bar Associations should be consulted.

Lessons from other countries

Upon reviewing the process of judicial nominations in other nations, we find that most of them are made by a committee established by the administrative and legislative branches of government. For instance, the Constitutional Reform Act, 2005, introduced by the U.K., established two Commissions for the purpose of choosing candidates: one for the courts in England and Wales, and the other for the Supreme Court. A 15member commission, called the Judicial Appointments Commission, is designated to oversee the nomination of judges to the courts of England and Wales. It comprises the chairman, who is always a lay member; six judicial members, including two tribunal judges; two professional members — they must be a Barrister in England and Wales, Solicitor of the Senior Courts of England and Wales, or Fellow of the Chartered Institute of Legal Executives, but both cannot hold the same qualification; five lay members; and one nonlegally qualified judicial member.

Many countries have switched to an appointments commission system. South Africa has a Judicial Service Commission ( JSC) that advises the President to appoint judges. The current JSC comprises the Chief Justice of South Africa, the President of the Supreme Court of Appeal, a Judge

President, the Minister of Justice, two practicing advocates, two practicing attorneys, a professor of law, six persons designated by the National Assembly, four persons designated by the President, and four permanent delegates to the National Council of Provinces.

In France, the President of the Republic holds the constitutional duty to safeguard the independence of the judiciary but does not directly select judges. Judges are chosen through a process involving the High Council of the Judiciary (Conseil Supérieur de la Magistrature) or, in the case of lower courts, by the Minister of Justice who may consult or receive advice from the High Council. These models, which provide space to members of the judiciary, of legal academia, politicians, and laypersons, are progressive appointment systems. India could take lessons from them.

Reworking NJAC

The NJAC was an elegant reform. It could have resulted in faster nominations of judges because of its democratic structure. In its present form, the collegium system, under which the Chief Justice along with four/two seniormost Supreme Court judges, recommend appointments and transfers of judges, is opaque. 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. Despite its supposed faults, 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.

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. The way forward ultimately necessitates a nuanced strategy that balances the justifiable concerns of all parties involved and guarantees that the new system will increase efficiency without jeopardising the integrity of judicial appointments. Attaining this equilibrium is vital for maintaining the rule of law and public confidence in the judiciary. In India, delayed justice is all too common and we need to think of ways of preventing this.

10. Governance

A. institutions

B. regulatory

C. Government policies

D. role of NGOs

E. measures

11. Social Justice

A. Welfare schemes

B Health

C. Education

D. Human Resources

E. poverty and hunger

12. International relations

A. India and its neighbourhood

B. groupings and agreements

C.Indian diaspora

13. Economic Development

A. Government Budgeting

B. industrial

E.issues

14. Technology

15. Environment

16. Security

17. Disaster Management

Flood situation remains grim in Telangana, A.P.

Heavy rain lashed several parts of Telangana on Sunday, leaving at least nine dead and disrupting railway and bus services across the State.

Chief Minister A. Revanth Reddy directed the officials of Revenue, Irrigation and other departments to take up rescue and relief operations in view of the downpour. He also deputed Ministers to monitor the situation. Prime Minister Narendra Modi and Union Home Minister Amit Shah called Mr. Reddy and assured him of the Centre’s support.

In Kusumanchi mandal of Khammam district, two workers of a precast cement bricks factory were washed away. Their son managed to swim to safety, wearing a life jacket dropped from a drone deployed by the police for rescue work.

A man and his daughter, Nunawat Motilal and Nunawat Ashwini, travelling to the Hyderabad airport in their car were washed away in Khammam district. The body of Ms. Ashwini, an agricultural scientist, was found near a bridge on Sunday evening. A search is under way for Mr. Mothilal.

The districts of Khammam, Mahabubabad, Suryapet, Mulugu and Bhadradri Kothagudem were badly hit with Khammam receiving an unprecedented rainfall of over 52 cm in 24 hours.

Kodad town in Suryapet district recorded 296 mm of rainfall in less than 12 hours, which is said to be the highest in the past four decades.

Neighbouring Andhra Pradesh too continued to grapple with the precarious flood situation on Sunday as National Highways and railway tracks were submerged at several places and waterlogging rendered scores of areas inaccessible.

Chief Minister N. Chandrababu Naidu took stock of the situation in Guntur district and spoke to Mr. Shah. He sought urgent Central assistance to mitigate the impact of the rain which had led to the loss of nine lives in the State.

The extreme weather disrupted railway services. South Central Railway announced that 80 trains were cancelled fully and six partially. It also diverted 84 trains and pressed its entire machinery into repair and rehabilitation work. Tracks were flooded in several locations in Telangana and Andhra Pradesh, including on KesamudramIntekanne and Tadla Pusapalli-Mahabubabad sections and the Rayanapdu railway station, an official release said.

Stranded passengers were being provided with food through platform catering stalls, the SCR said, while adding that local voluntary organisations were roped in.

The floods have also affected agriculture in Telangana, with waterlogging reported in the cotton fields of Jayashankar Bhupalpalli district. Fiftysix passengers travelling on a Telangana State Road Transport Corporation (TGSRTC) bus were rescued by the police amid flooding at Nekkonda mandal in Warangal.

Mr. Reddy reviewed the situation and asked officials and Ministers to be available for help round the clock. He directed those on leave to rejoin duties with immediate effect.

The India Meteorological Department (IMD) issued a yellow alert for six districts in the State, while thunderstorms accompanied by lightning are forecast for other areas.

Naidu visits floodhit areas on boat

In Andhra Pradesh, Mr. Naidu took stock of the situation at the office of the Director of the State Disaster Management Authority (SDMA) at Kunchanapalli in Guntur district before visiting the floodaffected areas in Vijayawada city. He had to travel on a boat to see some areas that were cut off.

Thousands of people were shifted to relief and rehabilitation camps across the State, mostly in the erstwhile Krishna and Guntur districts.