Daily News Simplified - DNS 04 01 20

Notes

SL. NO. TOPICS

THE HINDU

PAGE NO.

1 All India Judicial Service to panacea, says study 03

2 US kills top Iranian General in air strike 01

Dated: 03-Jan-2020 DNS Notes Title 1. All India Judicial Service to panacea, says study (The Hindu, Page 03)

Syllabus Mains: General Studies Paper II: Polity and Governance Theme All India Service Highlights

Context: In its strategy document, "StrategyforIndia@75", NITI Aayog had proposed for the creation of AIJS to bring about the Judicial Reforms and improve the Judicial Administration. However, an Independent think tank known as Vidhi Centre for legal Policy has recently opposed the creation of AIJS. Now, the Debate with respect to the Creation of All India Judicial Service has always lingered in the backdrop of Judicial reforms debate for almost 60 years. There are both proponents and opponents to this idea of creating AlJS. Hence, as part of the video analysis, we would focus on this debate as to Should India Create AIJS? But before that, let us understand the background. Background Present Recruitment and Appointment of Judges Federalism Single Integrated Judiciary: Some of the Federal countries such as USA have adopted dual system of courts wherein the Federal courts decide on the Federal laws while the State courts decide on the State laws. Thus, in such countries, the Jurisdiction of the courts is well-defined. However, in case of India, In spite of being a Federal country, we have adopted single Integrated Judiciary. Recruitment and Appointment of Judges: Presently, under the Indian Constitution, the Judges of the Supreme Court and High Court are appointed by the President. Whereas, under Article 233 and Article 234, the Judges at the district court and lower subordinate courts are appointed by the Governor in consultation with the concerned high court and State Public Service Commission. So, in case of India, even though we have adopted a single Integrated judiciary, there is clear cut demarcation of powers with respect to appointment of Judges. While the Judges for the Supreme Court and High court are appointed by the Centre, whereas the Judges at the district courts and subordinate courts are appointed by the concerned State Governments. AIJS: The Idea of the AIJS is to have centralized recruitment mechanism for the appointment of the Judges at the district and subordinate courts. This is similar to the IAS and IPS wherein all India exams are conducted by UPSC and subsequently the successful candidates are appointed by the Centre and allocated to the different states. Similarly, in case of AIJS, the UPSC would conduct all India Judicial Service Examination for the appointment of District Judges and Judges at the subordinate courts. Constitutional Provisions relating to AIJS Under Article 312 of the Indian Constitution, the Rajya Sabha can pass a resolution supported by at least 2/3 of the members present and voting for the creation of new All India Service. Presently, the IAS and IPS are deemed to be all India Services. During the Emergency period, the Parliament passed 42nd amendment act to enable the creation of AIJS. Further, this amendment provided that all India Judicial Service can be created through the amendment of Article 233 and Article 234 through a simple majority of the Lok Sabha and Rajya Sabha. So, let's understand the process of creation of AIJS. Through the amendment, the Parliament has enabled the creation of AIJS. So, under Article 312, the RS has to pass resolution. It must be followed by the amendments to Article 233 and Article

Dated: 03-Jan-2020 DNS Notes

234. However, since these amendments are not deemed to be constitutional amendments under Article 368 and hence approval of the state Governments is not needed for the creation of AIJS. Proposals for AIJS The proposal for the creation of AIJS was first mooted by the Law commission in the year 1958. Further, in the recent times the Union Law Minister has constantly argued for the creation of AIJS. As stated before, the NITI Aayog has also mooted the proposal for the creation of AIJS in its strategy document known as "StrategyforIndia @75". It is being said that the creation of AIJS is one of the major Judicial reforms that would address the pendency of the cases before the lower Judiciary and it would improve the overall efficiency of the Judicial administration. Problems with the Lower Judiciary ( District Courts and Subordinate Courts) Huge Pendency of Cases: Presently, there are around 3.5 crore cases which are pending across the different courts in India. Out of this, almost around 88% of the cases are pending before the Subordinate courts. This huge pendency of cases is leading to undue delay in the administration of the Justice and hence it is undermining the rule of Law. Huge Vacancies in Lower Judiciary: According to the Economic Survey 2018-19, there are almost around 2,579 vacancies in the lower judiciary at the district courts and subordinate courts. Most of the state Governments have been unable to fill up the existing vacancies and hence the lower judiciary is functioning below the sanctioned strength. How the AIJS would help? Timely Recruitment: In some of the states, the exams for the appointment for the appointment for the lower judiciary have not been held every year leading to huge vacancies. Once the AIJS is established, the UPSC would conduct exams annually and ensure that all the vacancies are filled up. Hence, setting up of AIJS would lead to timely recruitment of judges at the lower judiciary. Uniformity in Judicial Administration: Presently, there are large scale differences among the states in term of number of the vacancies in the lower judiciary. In some of the states such as Maharashtra, the number of vacancies is quite less. However, in states such as UP there are almost 42% vacancies in the lower judiciary. The Creation of AIJS would help us solve this problem. This is so because once the exam results are announced, the candidates would be allocated to the different states based on the total number of vacancies. Thus, the AIJS would be able to bring about the Uniformity in the Judicial administration across the multiple states in India. Improvement in Efficiency of Judicial Administration: The AIJS would attract the best talent in the country and hence it would be able to maintain high standards of Judicial administration. Promote National Integration: The AIJS would be able to promote all-India outlook and promote the national integration. This is so because the candidates may be posted in states other than their own state. Hence, the Judicial officers can function beyond their regional and linguistic interest. Beneficial to the states: Some of the states that are poor in human resources may not be able to find the best talent within their state for the recruitment of the judges at the lower judiciary. The AIJS would be able to solve this problem by conducting all India Exams and appointing the best talent from other states in such resource poor states. Representation of Marginalized section: Opposition to the AIJS Goes against the Federalism: Presently, it is the responsibility of the state Governments to appoint the Judges at the lower Judiciary. Hence, any changes in the Judicial structure have to be approved by the State Legislatures. However, as discussed before, the AIJS can be

Dated: 03-Jan-2020 DNS Notes

established without any constitutional amendment wherein the prior approval of the State legislature is not needed. Problem of Language: In pursuance of the powers vested with the state Governments in accordance with the Code of Criminal Procedure, most of the state governments have declared the local language to be the language of the court in the lower judiciary. Accordingly, most of the arguments and counter arguments in the lower judiciary are presented in the local regional language. Further, the witnesses also provide their statements in the local regional language. Hence, the Judges in the lower judiciary need to be proficient in the local regional language. However, once the AIJS is established, a person from one state may get appointed to another state and hence he may not be proficient in the local language. Hence, even though, such a person may be exceptionally talented, but the lack of proficiency of the regional language may act as a handicap. This is precisely the reason, some of the southern states have opposed the idea of AIJS. However, this argument put forward by the states may be countered by taking the example of other AIS. The persons appointed as IAS or IPS may be posted in states other than their home states. However, these officers learn the local regional language and become quite efficient in the language. Hence, according it can be argued that, if the IAS and IPS officers can learn other languages, then even the AIJS officers can also do the same. Hence, the argument put forward by the states looks flawed. Demoralize the State Judicial Service Officers: Presently, the state judicial officers appointed at the lowest cadre rise through the hierarchy and are promoted to be appointed as District Judges. Once the AIJS is established, the district Judges would be directly appointed and hence it would reduce the promotional avenues for the state judicial officers. Hence, some of the states have opposed the AIJS since it would demoralize the state judicial officers. Unequal Representation of States in AIJS: Presently, in case of All India Services, there is a lack of uniform representation of domination of officers from certain states such as UP, Bihar, TN, AP etc. Violates the sons of the Soil

Dated: 03-Jan-2020 DNS Notes

Personal Notes

P

Dated: 03-Jan-2020 DNS Notes Title 2. US kills top Iranian General in air strike (The Hindu Pg. No.01) Syllabus Mains: International Relations Theme US-IRAN Tiff Highlights Context:

• Iran’s top security and intelligence commander, Major Qassem Soleimani, was killed in a US drone attack in Baghdad.

The incident:

• General Soleimani has been killed in USA drone strike outside Baghdad airport. • Other military commanders of Iran have also been killed in the attack. • The attack has been claimed by USA.

Who was General Soleimani:

• He was in charge of Quds Force of Iran’s Islamic Revolutionary Guard corps (IRGC)

o It is important to note here that the same organization had been declared a “Terrorist Organization” by USA last year.

o Quds Force It is part of IRGC created to carry out covert operations abroad.

• Importance of this person o He was very close to the top leadership of Iran (Supreme Leader) o He headed the intelligence gathering and military operations. o He had a massive public appeal due to his clean and larger than life

image. o He played the crucial role in Iran’s proxy wars in Syria, Yemen and Iraq.

His efforts in Syria brought down ISIS. o He is behind the creation of “Arc of influence” or which Iranians call

“Axis of resistance”

Dated: 03-Jan-2020 DNS Notes

• “Extending from the Gulf of Oman through Iraq, Syria, and Lebanon to the eastern shores of the Mediterranean Sea”

• According to some analysts this killing is equivalent of killing of USA vice

President.

• Impacts of this attack:

o Retaliation by Iran Tension between Iran-(USA and Saudi) will escalate as Iran has

vowed revenge against it. o Instability in the Middle East

Will have direct impact on crude oil prices. In fact the prices have started rising as soon as the reports of the

attacks started trickling in. You might be aware that Even before the attacks, Iran had

carried out attacks on British oil tankers, American drones and Saudi oil facilities.

o Implications for India Rising oil prices will lead to inflation and pressures on forex

reserves. Balancing USA-IRAN

• Iran is not only important for energy security but is also an important regional player. It is crucial for our access to Afghanistan.

• India had to curb its relations with Iran due to ongoing American sanctions. But as the hostilities rise, the task will become more difficult.

Diaspora • As around 8 million Indian reside in Middle East and any

likelihood of war will o Threaten their livelihood o Will require a massive evacuation efforts

Shia Population in India • India has significant Shia population (largest in the world

outside Iran) and the possibility of some youth being radicalized against USA cannot be ruled out.

Dated: 03-Jan-2020 DNS Notes

Personal Notes