Daily Current Affairs

March 26, 2025

Current Affairs

Call for Reforms in Collegium System

Context: The recovery of half-burnt currency notes from the residence of the Delhi High Court judge has again brought into focus the system of appointment of judges and the National Judicial Appointments Commission (NJAC) Act, which was struck down by the Supreme Court as unconstitutional.

Relevance of the topic:

Prelims: Key facts- Collegium; National Judicial Appointments Commission (NJAC) Act

Mains: Collegium system: Need for Reforms; Judicial Accountability vs independence. 

Background

  • The appointment of judges in India has been a subject of extensive debate due to concerns about transparency, accountability, and judicial independence.
  • Two primary mechanisms for appointing judges to the higher judiciary have been the Collegium System and the National Judicial Appointments Commission (NJAC).
  • The current collegium system has been criticised for its opacity and lack of formal procedures, while the NJAC was struck down by the Supreme Court on the grounds of violating judicial independence.

Constitutional Provisions for Judicial Appointment in India

  • Article 124: Supreme Court judges should be appointed by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all judicial appointments except his or her own.
  • Article 217: High Court judges should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the respective High Court concerned too should be consulted.

Collegium System:

  • The Collegium system is a process used for the appointment and transfer of judges in the Supreme Court and High Courts.
  • It is not explicitly mentioned in the Constitution of India, but evolved through a series of judicial interpretations in what is known as the Judges Cases.
  • This system grants primacy to the judiciary in selecting its own members, thereby limiting the role of the executive in the process.
  • Composition of the Collegium:
    • For Supreme Court: Chief Justice of India; Four senior-most judges of the Supreme Court.
    • For High Courts: Chief Justice of the respective HC; Two senior-most judges of the HC. 
  • The recommendations made by the Collegium are sent to the government, which can seek clarifications or conduct an inquiry through the Intelligence Bureau (IB). However, if the Collegium reiterates its recommendations, the government is constitutionally bound to accept them.

Evolution of Collegium System: 

The procedure was evolved through three Supreme Court (SC) judgments that are popularly known as the “Three Judges Cases”. 

1. First Judges Case (1981):

  • The SC discussed two major points during the proceedings of this case whether the word “consultation” in the constitutional Article 124 meant “concurrence”.
  • The SC denied this by saying that consultation does not mean concurrence under Art 124. 
  • The President was not bound to appoint a candidate based on the consultation of the SC. Meaning that the primacy of the executive in judicial appointments was valid.

2. Second Judges Case (1993):

  • In this case, the SC overruled its earlier verdict and changed the meaning of consultation to concurrence. 
  • The President of India would be bound for consultations with the Chief justice of India. This resulted in the birth of the Collegium System.

3. Third Judges Case (1998): 

  • Collegium was expanded and took its current form. Consultation would include a plurality of judges, a collegium of 4 senior-most judges of the SC and CJI.
  • Even if two of the judges are against the opinion, the CJI will not recommend it to the government. 

Criticism of Collegium System:

  • Lack of Transparency: The selection process is conducted behind closed doors with no defined criteria for appointment.
  • Absence of Accountability: Since the process is entirely internal to the judiciary, there is no oversight or checks from outside institutions.
  • Allegations of Nepotism: There have been accusations of favouritism and appointments based on personal relations rather than merit.
  • No Representation from Society: Unlike other democratic institutions, the Collegium does not include members from outside the judiciary, such as legal scholars or civil society representatives.
  • Delays in Appointments: Due to procedural inefficiencies and internal disagreements, there are often long delays in filling judicial vacancies.

To address these criticisms, the government brought in the National Judicial Appointment Commission.

National Judicial Appointments Commission (NJAC):

  • The 99th Constitutional Amendment Act, 2014 introduced NJAC.
  • Aim: To replace the Collegium system with a more structured and transparent appointment process.
  • It was passed with near-unanimous support in Parliament, and was ratified by more than 50% of the state legislatures, reflecting broad political consensus.

Composition of the NJAC: 

  1. Chief Justice of India (CJI) – Chairperson (ex officio).
  2. Two senior-most Supreme Court judges (ex officio members).
  3. Union Minister of Law and Justice (ex officio member).
  4. Two eminent persons from civil society, nominated by a committee consisting of the Prime Minister, CJI, and Leader of Opposition in the Lok Sabha. One of the two eminent persons had to be from SC/ST/OBC/minority/women categories.

Objectives of NJAC: 

  • To bring transparency and accountability in judicial appointments.
  • To balance judicial independence with executive oversight.
  • To ensure diversity in the judiciary by including members from different backgrounds.
  • To create an institutional mechanism for appointments, reducing subjectivity in the selection process.

Supreme Court verdict on NJAC (2015):

  • In 2015, a 5-judge Constitution Bench of the Supreme Court struck down the NJAC by a 4:1 majority.
  • The judgment held that judicial primacy in appointments is a part of the Basic Structure Doctrine and cannot be altered.
  • The Court viewed NJAC as an attempt by the executive to interfere in judicial independence. As a result, the Collegium system was restored.

Timeline of Key Events:

  1. 1981 – First Judges Case: Executive primacy in judicial appointments upheld.
  2. 1993 – Second Judges Case: Collegium system introduced, giving primacy to the judiciary.
  3. 1998 – Third Judges Case: Collegium expanded to five judges.
  4. 2014 – NJAC Act passed by Parliament and ratified by states.
  5. 2015 – Supreme Court strikes down NJAC and restores the Collegium system.
  6. Present – Ongoing debates on reforming judicial appointments.

Need for Reforms in Judicial Appointments:

  • Enhancing Transparency and Accountability: The current Collegium process lacks clear selection criteria and is opaque. An oversight mechanism is needed to review judicial recommendations.
  • Ensuring Diversity: Judicial appointments must reflect India's diverse social composition.
  • Speeding up Appointments: Long delays in judicial appointments lead to case backlogs and impact justice delivery.
  • Restoring Public Confidence: A credible and fair process will enhance people's trust in the judiciary, which is being eroded by recent events such as remarks by judges on minority communities and corruption.

Way Forward

  • Reforming Collegium process: Introduce structured selection mechanism with clearly defined criteria for appointments. Maintain records of deliberations to ensure transparency and accountability.
  • Establish Hybrid Oversight Body: Include members from judiciary, executive, legal scholars, and civil society. Maintain judicial primacy while ensuring broader representation.
  • Technology Adoption: Use AI-driven legal databases to assess judicial performance. Ensure digitisation of records for greater accountability.
  • Evaluation system to review judicial performance post-appointment. Introduce a peer review mechanism for assessing judicial efficiency and integrity.
  • Creation of All India Judicial Service to improve the quality of judicial service. 

Global Best Practices:

  • United Kingdom: Judicial Appointments Commission (an independent organisation) selects judges for courts and tribunals. Three of its 15 members come from the community of judges, while the remaining members are chosen through an open recruitment process. 
  • United States: President appoints judges to the federal courts with the Senate’s advice and consent. 
  • South Africa: Judicial Service Commission advises the President to choose judges.

While the Collegium system has served to protect judicial independence, it lacks accountability and transparency. A middle-ground solution is needed to preserve judicial independence while ensuring accountability and diversity in appointments. 

Vikramshila Mahavihar

Context: The state government of Bihar has recently identified 202 acres of land at Antichak village, Bhagalpur district to establish a Central University, a few kilometers away from the site of ancient Vikramshila Mahavihar. 

Relevance of the Topic:Prelims: Vikramshila Mahavihar

Vikramshila Mahavihar:

image 98
  • Vikramashila was a Buddhist monastery situated in Bhagalpur district, Bihar. One of the three most important Buddhist Mahaviharas of its time in India, along with Nalanda and Odantapuri.
  • Founded by: King Dharmapala of the Pala dynasty in the late 8th to early 9 Century AD. Thrived during the Pala Period (8th to 12th century). Vikramshila Mahavihar existed and flourished at the time of Nalanda.
  • Practised Tantrayana: Tantric practices and rituals (one of the three great vehicles of Indian Buddhism after Hinayana and Mahayana).
    • Only university that specialised in tantric and occult studies.
    • Other subjects such as theology, philosophy, grammar, metaphysics and logic were also taught.  
  • Eminent scholar: Atisa Dipankara played a key role in the establishment of Buddhism in Tibet.
  • Factors for decline (13th century): Combination of factors, including- invasion of Bakhtiyar Khalji around 1193 AD, and rising Hinduism and the decline of Buddhism.
  • Major artifacts found: carved limestone sculpture that depicts the eight major events of Buddha’s life; sculptures of Buddhist and Hindu deities such as Avalokiteshvara, Loknath, Ganesh, Surya, Vishnu, etc. 
  • The university also had a vast library and a dedicated air-conditioned system (cooling system) possibly for preserving precious manuscripts. 

Read More: Nalanda University 

Guidelines to tackle MGNREGS Job Card Deletions

Context: The Ministry of Rural Development has issued guidelines to tackle the challenge of high rate of deletions of job cards issued to workers under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

Relevance of the Topic: Prelims: Key Facts about MGNREGA.

Mahatma Gandhi National Rural Employment Guarantee Scheme

  • Launched: under the Mahatma Gandhi National Rural Employment Guarantee Act 2005. 
  • Objective: Provides at least 100 days of guaranteed wage employment per financial year to rural households whose adult members volunteer for unskilled manual work.
  • Implementing Authority: Ministry of Rural Development (MoRD)
  • Type of Work Covered: Water conservation, rural connectivity, irrigation, land development, etc. 

Recent Central Govt. guidelines on Job Card Deletions:

  • Gram Sabha Approval: Job cards or workers' deletions should take place only after due verification in the gram sabha, or in the social audit gram sabha, or in a special gram sabha called for the purpose. 
  • Permitted reasons for Job Card Deletion:
    • Permanent migration of the household to urban areas or another Panchayat.
    • Gram Panchayat declared as an urban settlement.
    • Duplicate job card or forged registration.
    • Death of the worker.
    • Household/workers formally requesting deletion in writing.
  • Publication of Deleted Names: Names of deleted workers/job cards must be in the public domain for 30 days to allow objections. The cause of deletion of each job card has to be revealed. Each cause of deletion must be confirmed by the gram sabha.
  • Right to Appeal: Households can appeal against job card cancellations. Gram Sabhas to discuss flagged deletions twice a year.
  • Payment of Dues: No deletion to be carried out before clearing pending wages of workers.

Reason for Issuance of Guidelines

  • High rate of deletions of job cards issued under MGNREGS. Over 10.43 crore workers were deleted in the last four years. The deletions have increased after the Aadhaar-Based Payment System (ABPS) became mandatory in January 2023.

Mass deletions of job cards without proper scrutiny can undermine MGNREGS’s purpose. A balance must be maintained between policy enforcement and ensuring social security for the rural workforce.

Food Waste Crisis 

Context: Food Waste Index Report (FWIR) 2024 published by United Nation Environment Programme (UNEP) highlights food wastage trends for the year 2022. 

Relevance of the Topic: Prelims: Key facts about Food Waste Index Report. 

Key Highlights of Food Waste Index Report

  • Food worth $1 trillion is wasted globally every year, even as 783 million people suffer from hunger. Over 1 billion tonnes of food was wasted globally, accounting for 20% of all available food. 
  • Households contribute the majority of (60%) total food waste, followed by the food service sector and retail.
  • India ranks second globally in food wastage, after China. With an average of 55 kg food waste generated per capita annually by households, the total food waste generated is over 78 million tonnes in India. 
  • Food waste forms 10%-12% of total municipal solid waste, significantly contributing to methane emissions from landfills.

What is Food Waste? How is it different from Food Loss?

  • Food Waste: Food and the associated inedible parts removed from the human food supply chain. Food discarded at retail and consumer levels. 
  • Food Loss: Loss of edible crops and livestock products before they reach retail. Occurs earlier in the supply chain, mainly during production, harvesting, storage, transportation, and processing. 

Impacts of Food Waste: 

  • Environmental Impact:
    • Resource wastage: Land, water, and energy used in food production go to waste.
    • The UN Climate Change (2024) reports that food loss and waste generate 8%-10% of annual greenhouse gas emissions globally. In terms of country, food waste globally is the third-largest emitter of greenhouse gases, after China and the US.
    • In India, food waste accounts for 10%-12% of total municipal waste, contributing significantly to methane emissions from landfills. . 
  • Social Impact: 
    • Widespread wastage prevents food from reaching those who need it most, hindering progress toward Sustainable Development Goals (SDGs), particularly SDG 2 (Zero Hunger) and SDG 12.3 (reduce food waste at retail and consumer levels).

Way Forward- Actions to Reduce Food Waste

  • Individual & Household Level: smart meal planning; efficient food storage; composting; donating surplus food. 
  • Increased Investment in building more cold storage and transportation infrastructure.
  • Businesses should adopt sustainable practices such as redistributing unsold food.
  • Policymakers should subsidise innovative solutions such as food redistribution networks (Applications) and improved cold storage (providing subsidies for farmers to invest in refrigeration).
  • Raising awareness about responsible consumption. E.g., India’s “Save Food Share Food” programme. 

India stands at a critical juncture, addressing food waste is essential for tackling carbon footprint, ensuring food security and reducing social inequality. 

Controversial Clauses of Waqf Bill 2024

Context: The Waqf (Amendment) Bill, 2024 has elicited widespread criticism across India.

Relevance of the Topic : Prelims: Controversy around Waqf Bill. 

Controversial Clauses of Waqf Bill 2024

1. Representation of Non-Muslims on Waqf Boards:

  • The 2024 Bill permits a non-Muslim Chief Executive Officer (CEO), and not less than two non-Muslim members on State Waqf Boards. 
  • The Joint Parliamentary Committee (JPC) revised it to necessitate that the CEO must be a Joint Secretary-level officer and conversant in Muslim law.
  • According to critics, non-Muslims should not sit on waqf boards because waqf is religious. 

2. Government Power over Waqf Properties:

  • The 2024 Bill initially provided District Collectors with the authority to decide whether a property is of waqf or government. The JPC amended it to a higher state government official. 
  • Critics worry about prejudice, for a state official might decide in the government's favour.

3. Removal of “Waqf by User”:

  • The 2024 Bill does away with the concept of “waqf by user”, which is a part of the 1995 law.  This refers to a property treated as waqf based on its long-term use for religious or charitable purposes, even without formal documentation. Several mosques and graveyards could fall in this category.
  • The removal can result in disputes over mosques, graveyards, and other waqf properties without valid waqfnama.

4. Waqf Property Database:

  • The 2024 Bill required every waqf property to be registered on a central database within six months of the law’s commencement. Non-registered waqf properties cannot approach court in case of disputes or encroachment.
  • The JPC permitted the Waqf Tribunal to extend the timeframe of registration in some circumstances; what these circumstances could be was left to the Tribunal’s discretion.

5. Tribunal's decisions No Longer Final:

  • The Bill states that the Waqf Tribunal will comprise a District Judge, and a state government officer of Joint Secretary rank as its members. 
  • The Bill removed the provision that made the Tribunal’s decision final. This allows Tribunal decisions to be challenged in the High Court. This can result in long-drawn-out legal fights over waqf property disputes.  

Permafrost Melting in the Kashmir Himalayas

Context: Permafrost melting is emerging as a unique environmental threat in the Kashmir Himalaya. A new study has found that thawing permafrost could affect infrastructure projects (roads, households, hydropower projects) and alpine lakes in the mountainous region.

Relevance of the Topic:Prelims:  Permafrost melting- Key Facts. 

What is Permafrost?

  • Permafrost is a layer of ground (soil, sediment, or rock) that remains frozen continuously for at least two consecutive years. 
  • It is mostly found in polar and high-altitude regions.
    • Present in Alaska, Canada, Russia, Tibet, and the Himalayas.
    • In India: Found extensively in the Kashmir Himalayas, Ladakh, and parts of Uttarakhand and Sikkim.
  • Composition: Stores vast amounts of organic carbon locked for thousands of years.
  • Significance: Crucial role in regulating water flows, maintaining ecosystem stability, and acting as a carbon sink. 

Highlights of the Study

  • Study by: Researchers from the University of Kashmir and IIT-Bombay.
  • As per the study, permafrost covers 64.8% of the total geographic area of Jammu & Kashmir (J&K) and Ladakh.
    • It is dominated by continuous permafrost (most of the soil remains frozen year-round), followed by discontinuous (more than half of the soil is frozen), and sporadic (intermittent patches of frozen soil) permafrost. 
  • 87% of Ladakh has permafrost, while the foothill plains of Jammu, Shigar Valley, and Siwaliks do not host any permafrost.

Factors causing Permafrost degradation: 

  • Global Warming: Surface temperatures are rising due to climate change, leading to faster thawing. Data from 2002-2023 shows a steady increase in permafrost melting.
  • Human Activities: 
    • Deforestation & Land-use change: Loss of vegetation reduces insulation, exposing permafrost to direct sunlight.
    • Tourism & Infrastructure development contribute to permafrost degradation.
  • Natural Disasters:
    • Earthquakes & Glacial Movements: Seismic-activity leads to permafrost breakdown. Rock-ice avalanches, like the Chamoli disaster (2021), are intensified due to permafrost degradation.
    • Wildfires: Burn vegetation cover, exposing the permafrost to solar radiation and higher temperatures.

Consequences of Permafrost Thawing: 

  • Greenhouse Gas Emissions: Permafrost contains huge amounts of carbon and methane, which releases on thawing, exacerbating global warming.
  • Positive Feedback Loop: More thawing → More methane emissions → Faster global warming → Increased thawing.
  • Formation of Proglacial Lakes: 332 proglacial lakes identified in J&K, with 65 at risk of Glacial Lake Outburst Floods (GLOFs).
  • Disruptions in River flow: Permafrost stores water, and slowly releases it into rivers. Thawing disrupts the water regulation system and affects groundwater recharge and river flows.
  • Landslides & Slope Failures: Permafrost degradation leads to weak soil stability and increases the risk of landslides.
  • Road & Infrastructure Damage (roads, households, hydropower projects). Military Installations in Ladakh face risks posing national security challenges.

Way Forward

  • Permafrost Mapping & Environment Impact Assessments (EIA) before construction.
  • Use of Satellite Remote Sensing to track temperature variations & permafrost loss.
  • Deploying Ground-based sensors to improve real-time data collection for accurate predictions.
  • Afforestation & Ecosystem Restoration- insulates permafrost from direct sunlight.
  • Implement resilient infrastructure designs to withstand permafrost thaw.
  • Enhanced Disaster Preparedness and early warning systems for landslides, GLOFs, and floods. 

India’s Maritime Diplomacy in Africa and Indian Ocean Region

Context: The Indian Navy has announced a series of maritime initiatives to bolster cooperation with Africa and the Indian Ocean Region (IOR).

Relevance of the Topic: Prelims: Africa India Key Maritime Engagement; IOS Sagar; MAHASAGAR

1. Africa India Key Maritime Engagement (AIKEYME):

  • Large-scale multinational exercise scheduled to be held with 10 African countries.
  • The maiden edition of the India-Africa multilateral exercise ‘AIKEYME’ is being co-hosted by: Indian Navy and Tanzania Peoples’ Defence Force (TPDF).
  • It will be conducted at/off Dar-es-Salaam, Tanzania from April 13 to 18, 2025. 
  • Participating nations: Tanzania, Comoros, Djibouti, Eritrea, Kenya, Madagascar, Mauritius, Mozambique, Seychelles and South Africa.
  • Focus on: VBSS (visit board search and seizure) drills, arms firings, helicopter operations, seamanship evolutions, search and rescue missions.
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2. India-African Naval Exercise: IOS Sagar

  • IOS Sagar is an initiative towards continued cooperation with IOR nations. 
  • An offshore patrol vessel INS Sunayna is set to be deployed to the Southwest IOR, from April 5 to May 8, 2025. 
  • Participating nations: INS Sunayna will have a combined crew of India and nine Friendly Foreign Countries (FFC)- Comoros, Kenya, Madagascar, Maldives, Mauritius, Mozambique, Seychelles, Sri Lanka, South Africa. 
  • The warship will undertake port calls at Dar-es-Salaam, Nacala, Port Louis, Port Victoria and Male. 
  • Significance: Capacity-building, enhanced interoperability, and regional security cooperation.

3. Mutual and Holistic Advancement for Security Across the Regions (MAHASAGAR):

  • Announced in 2025, during the Indian Prime Minister’s visit to Mauritius.
  • The MAHASAGAR vision builds on the SAGAR (Security and Growth for All in the Region) policy. SAGAR has guided India's engagement with the Indian Ocean Region for the past decade.
  • It would work towards:
    • Emphasising trade for development, capacity building for sustainable growth, and mutual security for a shared future.
    • Ensuring cooperation through technology sharing, concessional loans and grants. 

Significance of India’s Maritime Engagement: 

  • Counter China’s influence: The initiatives are against the backdrop of massive inroads by China in Africa through infrastructure projects, and in IOR through naval bases (E.g., Djibouti). 
  • Regional security: Proactive maritime engagement, coordinated patrols, information sharing, naval exercises to boost security in the IOR to counter threats of maritime piracy (Somali pirates) and maritime terrorism. 
  • Secure trade routes: Ensure safe and secure trade routes between India, Africa and other nations, against continued threat from Houthi rebels to global shipping routes. 
  • Soft power diplomacy: Build goodwill through Humanitarian Assistance and Disaster Relief (HADR) efforts, capacity building and other diplomatic engagements.

Also Read: Charting a route for IORA under India’s Chairship 

MAHASAGAR, IOS Sagar and AIKEYME are aimed at consolidating Indian Navy’s stature as the ‘Preferred Security Partner’ and ‘First Responder’ in the Indian Ocean Region.

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