| PYQ Relevance:
Q) Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.
(UPSC CSE 2017) |
Mentor’s Comment: UPSC Prelims have focused on ‘appointment of judges of higher judiciary in India’ (in 2017), and ‘Arbitration and Conciliation’ (2015).
Every Chief Justice of India and senior member of the higher judiciary faces the persistent challenge of case backlogs. Currently, the Supreme Court has around 82,000 pending cases, High Courts have over 62 lakh, and lower courts nearly five crores. About 50 lakh cases have been pending for over 10 years. India can address its legal backlog by adopting mediation as an effective solution for faster and amicable dispute resolution.
Today’s editorial discusses the pending cases in the Supreme Court and explores alternative solutions. This is useful for GS Paper 2 (Polity) in the UPSC Mains.
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Let’s learn!
Why in the News?
Recently, the Supreme Court has around 82,000 pending cases, High Courts have over 62 lakh, and lower courts have nearly five crores.
What is the status of case backlogs in India?
- Supreme court: As of recent data, there are approximately 45.3 million pending cases in lower courts across India, with 34.3 million being criminal cases and 10.9 million civil cases. The Supreme Court has a backlog of nearly 83,000 cases, while high courts collectively have about 5.9 million pending cases.
- High Court: As of recent data, there are approximately 62.39 lakh (6.24 million) pending cases across all High Courts in India, with a significant portion being more than a year old6. This includes both civil and criminal cases.
- Nearly 62,000 cases have been pending for over 30 years in various High Courts, including some dating back to the early 1950s. This highlights the chronic issue of long-standing pendency affecting the judicial system.
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How can court case backlogs be transformed into valuable resources?
- Promoting Mediation and Alternative Dispute Resolution (ADR): Identify and refer suitable cases (e.g., family disputes, commercial disagreements) for mediation to reduce court workload. Example: The Delhi High Court Mediation and Conciliation Centre has successfully resolved thousands of cases through mediation, reducing pendency and fostering amicable settlements.
- Leveraging Data Analytics for Case Management: Use AI and data analytics to categorize cases by complexity, urgency, and likelihood of settlement for faster resolution. Example: The Supreme Court’s SUPACE (Supreme Court Portal for Assistance in Court Efficiency) uses AI to assist judges in analyzing and prioritizing cases.
- Expanding Fast-Track and Special Courts: Establish dedicated courts for high-pendency areas like cheque-bouncing cases (Section 138 of the Negotiable Instruments Act) and sexual offenses. Example: Fast-track courts for rape cases under the POCSO Act have expedited justice delivery in many states, reducing backlog in sensitive matters.
- Implementing E-Courts and Digital Filing: Shift to e-filing and virtual hearings to streamline processes and reduce procedural delays. Example: The E-Courts Project has enabled online case filing and digital record management, reducing paperwork and improving case tracking.
- Imposing Costs for Frivolous Litigation: Introduce punitive costs for unnecessary appeals and frivolous cases to discourage misuse of the judicial system. Example: The Supreme Court has imposed heavy fines in cases of “Public Interest Litigations” (PILs) found to be motivated by personal agendas.
Should India consider adopting mediation as a dispute resolution method?
- Faster and Cost-Effective Resolution: Mediation is quicker and less expensive than prolonged litigation, saving time and financial resources for both parties. Example: In commercial disputes, companies like Tata and Reliance have used mediation to resolve conflicts, avoiding lengthy and costly legal battles.
- Preserving Relationships: Mediation focuses on mutual agreement, fostering cooperation and maintaining relationships, which is crucial in family and business matters. Example: Matrimonial disputes in family courts are often referred to mediation, leading to amicable settlements and reducing emotional distress.
- Encouraging Confidentiality and Flexibility: Mediation proceedings are confidential, protecting sensitive information and offering flexible solutions tailored to the parties’ needs. Example: Intellectual Property (IP) disputes in the Bombay High Court have been successfully mediated, protecting trade secrets while resolving conflicts.
- Global Best Practice Alignment: Many countries, including the United States and Singapore, prioritize mediation to resolve civil and commercial disputes efficiently. Example: India’s Commercial Courts Act, 2015, mandates pre-institution mediation for commercial cases, aligning with international standards and reducing case influx.
- Reducing Judicial Backlog: Mediation can significantly reduce the burden on courts by resolving disputes outside the formal judicial system. Example: The Delhi Dispute Resolution Society has successfully mediated thousands of civil and matrimonial disputes, easing pressure on the Delhi High Court.
What are the steps taken by the Indian government?
- Enactment of the Mediation Act, 2023: The Mediation Act provides a statutory framework for mediation, aiming to encourage institutional mediation and enforce mediated settlement agreements. It also establishes a body for registering mediators and promotes community and online mediation.
- Introduction of Court-Annexed Mediation Centres: Mediation centres have been set up in various High Courts and District Courts to facilitate dispute resolution. Example: The Delhi High Court Mediation Centre (Samadhan) and Bangalore Mediation Centre successfully mediate thousands of cases annually.
- Incorporating Mediation in Specific Laws: Laws like the Commercial Courts Act, 2015 mandate pre-institution mediation for commercial disputes, promoting early settlements.
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Way forward:
- Strengthen Mediation Infrastructure: Expand court-annexed mediation centres, train mediators, and promote online dispute resolution (ODR) to enhance accessibility and efficiency.
- Policy and Public Awareness: Implement awareness campaigns to encourage mediation adoption and introduce incentives for parties choosing alternative dispute resolution methods.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Foreign Funding; India USA relation;
Why in the News?
Recently the Indian government said that it is seriously investigating claims made by the U.S. government that USAID planned to spend $21 million to influence voter turnout in India.
What is USAID, and how did it originate?
- USAID (United States Agency for International Development) was founded in 1961 by President John F. Kennedy through the Foreign Assistance Act to promote global development and humanitarian assistance.
- To advance U.S. foreign policy by providing economic, developmental, and humanitarian aid worldwide. It operates under the U.S. Department of State, managing a diverse range of global programs in health, education, and economic growth.
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What are the recent issues related to USAID?
- Allegations of Interference in India: The Indian government is investigating claims that USAID allocated $21 million to influence voter turnout in India. This follows a report by the U.S. Department of Government Efficiency (DOGE), led by Elon Musk. Indian authorities are concerned about potential foreign interference in domestic affairs.
- Global Funding Cuts: President Trump’s administration has frozen USAID funds and withdrawn from the World Health Organization, critically affecting health sectors in African nations. Countries like Rwanda are seeking alternative partnerships, notably with China, to fill the void left by U.S. aid reductions.
- Dismantling of USAID Operations: A federal judge has permitted the Trump administration to proceed with plans to dismantle USAID. This includes placing staff on administrative leave and recalling foreign aid workers, actions that have faced legal challenges and raised concerns about the future of U.S. foreign aid programs.
How has USAID impacted the world through its programs and initiatives?
- Political Interference and Sovereignty Concerns: In Venezuela (2019), USAID’s humanitarian aid was viewed as a political tool to undermine the Maduro government, leading to accusations of U.S. interference in domestic affairs.
- Dependency on Foreign Aid: In Haiti, decades of USAID assistance in agriculture and disaster relief created a dependency culture, weakening local institutions and undermining self-sufficiency.
- Distortion of Local Economies: In African nations, large-scale food aid under USAID programs has often disrupted local markets, making local farmers less competitive due to the influx of free or subsidized goods.
- Lack of Cultural Sensitivity and Misaligned Priorities: In Afghanistan, USAID’s focus on infrastructure projects (e.g., road-building) often ignored local customs and community needs, leading to wasteful spending and resentment toward U.S. initiatives.
- Lack of Accountability and Corruption Risks: In Iraq (2003-2010), USAID-funded reconstruction projects faced allegations of corruption, mismanagement, and incomplete infrastructure, raising concerns about transparency and financial misuse.
What is the significance of USAID in global development and diplomacy?
- Humanitarian Assistance and Disaster Relief: USAID provides emergency aid during crises, such as delivering medical supplies and food after the 2023 Türkiye-Syria earthquake, helping millions affected by natural disasters.
- Promoting Global Health Initiatives: USAID supports health programs to combat diseases. For instance, through the President’s Emergency Plan for AIDS Relief (PEPFAR), it has provided HIV/AIDS treatment to millions in sub-Saharan Africa.
- Advancing Economic Development: USAID helps countries build economic resilience. In India, USAID has funded clean energy projects, promoting sustainable growth and reducing dependence on fossil fuels.
- Strengthening Democratic Governance: USAID promotes democracy and human rights. In Ukraine, it supported electoral reforms and civil society organizations to enhance transparent governance and free elections.
- Enhancing U.S. Strategic Interests: USAID’s programs foster diplomatic ties. In Southeast Asia, its infrastructure and education initiatives strengthen regional stability and counterbalance the influence of other global powers.
How has USAID impacted India?
- Public Health Improvement: USAID has supported tuberculosis (TB) and HIV programs, improving detection and treatment. For example, it partnered with the Ministry of Health to reduce TB incidence and strengthen healthcare systems.
- Clean Energy and Climate Action: USAID’s PACE-D 2.0 initiative promotes renewable energy and energy efficiency in India, helping to expand solar power and reduce carbon emissions.
- Disaster Management and Resilience: USAID partnered with India’s National Disaster Management Authority to improve disaster preparedness and provide training for better emergency response, especially during floods and cyclones.
- Education and Skill Development: USAID collaborates with the Ministry of Education to support STEM education and fund IIT Gandhinagar, enhancing research and technical innovation in India.
- Agriculture and Rural Development: USAID has worked with the Ministry of Agriculture to improve farm productivity by providing advanced farming techniques and enhancing food security in rural areas.
Way forward:
- Strengthen Oversight Mechanisms: Implement robust regulatory frameworks to monitor foreign aid and ensure alignment with national interests and policies.
- Enhance Domestic Capacities: Invest in local infrastructure, research, and development to reduce reliance on external funding and promote sustainable growth.
Mains PYQ:
Q Elucidate the relationship between globalization and new technology in a world of scarce resources, with special reference to India. (UPSC IAS/2022)
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Gender equality;
Why in the News?
On Friday (February 21, 2025), the Supreme Court told the Centre that schools should teach students about gender equality and how men should treat women with respect.
Is the lack of basic education about gender equality the root cause of the surge in rape cases and crimes against women?
- Perpetuation of Gender Stereotypes: Without education promoting gender equality, traditional gender norms that view women as inferior or subordinate to men persist. These stereotypes normalize the control and objectification of women.
- Example: In many societies, women are still expected to conform to rigid gender roles (e.g., being submissive or confined to domestic spaces), leading to a culture where violence against women is excused or ignored.
- Lack of Consent Education: Education about bodily autonomy and consent is often missing from curricula, leading to misunderstandings about boundaries and mutual respect in relationships.
- Example: In the 2012 Nirbhaya case in India, public outrage highlighted how a lack of understanding of consent and gender respect contributed to the brutal crime and called for reforms in legal and educational frameworks.
- Normalization of Violence: In the absence of gender-sensitive education, violence against women is often normalized or trivialized, reducing the social stigma against perpetrators and discouraging survivors from seeking justice.
- Example: A 2018 NCRB report indicated that a significant number of rape cases were committed by individuals known to the victim, reflecting how intimate violence is often overlooked due to cultural acceptance.
- Failure to Challenge Patriarchal Mindsets: Without education to challenge patriarchal beliefs, young minds are conditioned to accept gender hierarchies, reinforcing power imbalances that enable violence.
- Example: In rural areas of Uttar Pradesh, deeply entrenched patriarchal values have led to frequent reports of gender-based violence, underscoring the need for education to disrupt these harmful norms.
- Ineffective Implementation of Gender Sensitization Programs: Despite legal mandates like the POSH Act (2013) and initiatives for gender education, the absence of comprehensive implementation limits public understanding and societal change.
- Example: In workplaces across India, the lack of proper sensitization and training programs on gender equality has resulted in underreporting of sexual harassment cases.
Should schools include gender equality and respectful behavior in curricula?
- Promotes Mutual Respect and Empathy: Teaching gender equality helps students understand and respect diverse identities, fostering empathy and reducing discriminatory attitudes.
- Example: Programs like UNICEF’s “Life Skills Education” in schools across India teach students about gender sensitivity, helping reduce bullying and promoting inclusive behavior.
- Prevents Gender-Based Violence: Educating students about consent, boundaries, and respectful communication helps prevent harassment and violence from an early age.
- Example: Countries like Sweden have implemented comprehensive sexuality education (CSE), resulting in lower rates of sexual harassment among teenagers.
- Challenges Gender Stereotypes: Curricula that question traditional gender roles empower students to pursue diverse career paths and challenge social biases.
- Example: “Breakthrough India” runs school-based campaigns that challenge stereotypes, encouraging both girls and boys to engage in activities beyond gender norms (e.g., encouraging girls in STEM fields).
What are the steps taken by the Indian Government?
At legislative level:
- Criminal Law (Amendment) Act, 2013: Enacted after the Nirbhaya case to expand the definition of rape, introduce stricter punishments, and criminalize stalking and voyeurism.
- Protection of Children from Sexual Offences (POCSO) Act, 2012: Provides legal protection to children against sexual abuse and exploitation.
- The Sexual Harassment of Women at Workplace (POSH) Act, 2013: Mandates the establishment of Internal Complaints Committees (ICCs) in workplaces to address sexual harassment cases.
- Bharatiya Nyaya Sanhita, 2023: Replaces the Indian Penal Code, with enhanced provisions for sexual offenses and crimes against women.
At policy level:
- Beti Bachao Beti Padhao (BBBP), 2015: Aims to address the declining child sex ratio and promote the education and welfare of girls.
- One Stop Centres (OSCs), 2015: Provides integrated support and assistance to women affected by violence, including legal aid and medical assistance.
- NIRBHAYA Fund, 2013: Supports initiatives for the safety and security of women, including emergency response systems and the creation of women’s help desks in police stations.
- Mahila Police Volunteers (MPV) Scheme: Facilitates community-level support for women by appointing volunteers to assist victims in reporting crimes.
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Way forward:
- Integrate Comprehensive Gender Education: Mandate gender equality and consent education across all educational levels to challenge stereotypes, promote mutual respect, and prevent gender-based violence.
- Strengthen Implementation and Monitoring: Ensure effective enforcement of gender-sensitive laws and policies through regular audits, awareness campaigns, and robust monitoring mechanisms to improve accountability and support for survivors.
Mains PYQ:
Q Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC IAS/2021)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Remission
Why in the News?
In a historic judgment, the Supreme Court of India has ruled that prisoners eligible for remission under state policies must be considered for release even if they do not apply for it.
This decision comes as part of the suo motu case “In Re: Policy Strategy for Grant of Bail”, initiated in 2021 to address prison overcrowding.
Supreme Court’s Ruling: Key Takeaways
- The SC overruled its earlier stance in:
- Sangeet v. State of Haryana (2013) – Held that remission was not automatic and required a convict’s application.
- Mohinder Singh v. State of Punjab (2013) – Ruled that courts cannot grant remission suo motu.
- The new ruling recognizes the existence of remission policies in states and holds that:
- Prison superintendents must initiate remission proceedings for eligible convicts.
- Failure to consider eligible prisoners for remission violates Article 14 (Right to Equality).
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What is Remission?
- Remission refers to the reduction of a prison sentence without altering the conviction.
- It is different from pardon or commutation, which may involve modifying or canceling the sentence entirely.
Legal Provisions on Remission
- The power of remission is governed by:
- Section 473 of the Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023 (formerly Section 432 of CrPC) – Grants state governments the power to remit sentences at any time under specific conditions.
- Section 475 of BNSS (formerly Section 433A of CrPC) – Prevents remission for life convicts guilty of crimes punishable by death until they serve at least 14 years.
- Articles 72 & 161 of the Constitution – Provide remission powers to the President and Governors at the Union and State levels.
- Earlier, remission was initiated only when a prisoner applied for it, but the new ruling removes this necessity if states already have structured remission policies.
Impact of the Ruling on Prison Reforms
- India’s prison population far exceeds capacity, with a 131.4% occupancy rate (2022 NCRB data).
- Over 75% of prisoners are undertrials—this ruling may not directly help them, but it could ease congestion by enabling timely release of eligible convicts.
- The new ruling ensures all eligible prisoners get equal consideration, preventing biases in prison administration.
- International standards (like UN Nelson Mandela Rules) emphasize prisoner rights and rehabilitation.
- The judgment upholds fairness and reintegration into society.
PYQ:
[2014] Instances of the President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Major and Minor Minerals
Why in the News?
The Ministry of Mines has reclassified Barytes, Felspar, Mica, and Quartz as major minerals, aligning with the National Critical Mineral Mission to boost India’s industrial growth.
Major and Minor Minerals in India
What are Major Minerals?
- Major minerals are those with high economic value, used in industrial applications, energy production, and metallurgy.
- Regulation: Controlled by the Central Government under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).
- Examples:
- Metallic Minerals: Iron ore, Copper, Bauxite, Gold, Manganese, Zinc, Lead.
- Energy Minerals: Coal, Lignite, Uranium.
- Industrial Minerals: Limestone, Rare Earth Elements, Graphite, Gypsum.
What are Minor Minerals?
- Minor minerals have lower economic value and are mainly used in construction, local industries, and ornamental purposes.
- Regulation: Controlled by State Governments under the MMDR Act, which gives them the power to grant leases and regulate mining activities.
- Examples:
- Building Materials: Sand, Gravel, Stone, Marble.
- Non-Metallic Minerals: Dolomite, Mica, Quartz, Felspar, Clay (until reclassified as major minerals).
Key Reasons for Reclassification:
- Extraction of Critical Minerals: These minerals are found with Lithium, Beryl, Niobium, Tin, and Tantalum, essential for energy transition, space, and healthcare industries.
- Industrial & Strategic Importance: Barytes is used in oil drilling, electronics, radiation shielding, while Quartz, Felspar, and Mica are crucial for ceramics, glass, and semiconductor industries.
- Improved Regulation & Transparency: Reclassification ensures scientific mining, reporting, and compliance under Indian Bureau of Mines (IBM), reducing illegal extraction and enhancing exploration.
- No Impact on Existing Leases: Current leases remain valid for 50 years, allowing miners to adapt to new rules without disruption, with revenue continuing to benefit State Governments.
PYQ:
[2020] Consider the following minerals:
- Bentonite
- Chromite
- Kyanite
- Sillimanite
In India, which of the above is/are officially designated as major minerals?
(a) 1 and 2 only
(b) 4 only
(c) 1 and 3 only
(d) 2, 3 and 4 only |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bathou Faith and its Philosophy
Why in the News?
The Bodoland Territorial Region (BTR) government in Assam has officially included ‘Bathouism’ as an option in the religion column of key application forms, including admission forms, birth and death certificates.
What is Bathouism?
- Bathouism is the traditional faith of the Bodo people, primarily practiced in Assam and the foothills of Bhutan.
- It is a nature-centric religion that worships Bathoubwrai, the supreme deity believed to govern the universe.
- The central symbol of Bathouism is the Sijou plant (Euphorbia antiquorum), representing Bathoubwrai and planted in sacred enclosures (Bathou Thansali).
- Bathou Puja is performed to seek divine blessings for prosperity, health, and well-being.
- The Assam government has recently recognized Bathouism as a distinct faith, allowing its inclusion in official documents.
Philosophy of Bathouism
- Bathouism is based on five fundamental elements, known as Ba (five) Thou (deep thought), representing natural forces:
- Bar (Air) – Symbolizes breath, movement, and life force.
- San (Sun) – Represents light, energy, and warmth.
- Ha (Earth) – Stands for stability, fertility, and sustenance.
- Or (Fire) – Denotes transformation and purification.
- Okhrang (Sky) – Represents infinite wisdom and cosmic balance.
- Bathoubwrai (Sibwrai) is considered almighty, omniscient, and eternal, beyond time and space. He is indestructible—fire cannot burn him, water cannot moisten him, air cannot dry him, and weapons cannot pierce him.
- Bathouism promotes:
- Truthfulness, honesty, and righteousness.
- Respect for elders, ancestors, and nature.
- Peaceful coexistence and non-violence.
- Gratitude through rituals and pujas.
- Bathou rituals involve five bamboo sticks symbolizing the five elements, with offerings of rice beer, milk, flowers, and incense.
- Ancestral veneration and community harmony are integral aspects of the faith.
PYQ:
[2014] Which one of the following pairs does not form part of the six systems of Indian Philosophy?
(a) Mimamsa and Vedanta
(b) Nyaya and Vaisheshika
(c) Lokayata and Kapalika
(d) Sankhya and Yoga |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SOUL Conclave
Why in the News?
Prime Minister inaugurated the first edition of the School of Ultimate Leadership (SOUL) Leadership Conclave at Bharat Mandapam in New Delhi.
Bhutan’s PM Tshering Tobgay was the keynote speaker, emphasizing India’s leadership role in shaping governance and public service.
What is the SOUL Leadership Conclave?
- The SOUL Leadership Conclave (School of Ultimate Leadership Conclave) is a premier leadership summit inaugurated by PM Modi.
- It is aimed at cultivating transformational leaders beyond traditional political hierarchies.
- The event is designed to bring together leaders from diverse sectors, including politics, business, sports, media, spirituality, and public policy, to share their insights and experiences on leadership.
- The conclave serves as the foundation for the upcoming SOUL Leadership Institution, an exclusive leadership training academy in Gandhinagar, Gujarat.
Key Features of SOUL Conclave:
- Multi-Sector Leadership: Brings together leaders from various fields to promote cross-sector collaboration and knowledge-sharing.
- Training & Development: Focuses on nurturing ethical and globally competent leaders, beyond traditional political dynasties.
- SOUL Leadership Institute: A 22-acre, ₹150 crore campus is being developed in Gandhinagar, Gujarat, for formal leadership training.
- Global Leadership Insights: Discusses policymaking, governance, and leadership challenges with national and international leaders.
- Strengthening India’s Leadership Pipeline: Aims to train future leaders in governance, economics, diplomacy, and innovation.
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