Reforming the process of judicial appointments

Introduction:

• In April, 2024 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.
• 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 15-member 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; two professional members; five lay members; and one non-legally 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.
• 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 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 senior-most 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.

Way forward:

• 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.

Manipur

Context:

• Violence returned to Manipur after a four-month pause

About Manipur:

• It is a state in northeast India, with the city of Imphal as its capital.
• Borders: It is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west.
• It also borders two regions of Myanmar, Sagaing Region to the east and Chin State to the south.
• The official and most widely spoken language is the Meitei language (officially known as Manipuri).
• History:
• During the days of the British Raj, Manipur was one of the princely states.
• On 11 August 1947, Maharaja Bodhachandra Singh signed an Instrument of Accession; under the agreement Bodhachandra Singh accede to the Indian Union.
• Later, on 21 September 1949, he signed a Merger Agreement.
• Insurgency:
• Under ‘duress’ and ‘coercion’ Bodhachandra Singh signed the merger agreement merging the kingdom into India, which led to its becoming a Part C State.
• Followed by contestation of the merger by groups in Manipur, resulting in a 50-year insurgency in the state for independence from India.
• The Meitei people represent around 53% of the population of Manipur state, followed by various Naga tribes at 20% and Kuki-Zo tribes at 16%.
• Manipur’s ethnic groups practice a variety of religions. According to 2011 census, Hinduism and Christianity are the major religions of the state.
• 2023 ethnic violence: In May 2023, an ethnic clash between Meitei people and Kuki people led to extensive violence and arson.
• The state has four major river basins: the Barak River Basin (Barak Valley) to the west, the Manipur River Basin in central Manipur, the Yu River Basin in the east, and a portion of the Lanye River Basin in the north.

Population:

• Of the total population, 57.2% lived in the valley districts and the remaining 42.8% in the hill districts.
• The valley (plain) is mainly inhabited by the Meitei speaking population (native Manipuri speakers).
• The hills are inhabited mainly by several ethno-linguistically diverse tribes belonging to the Nagas, the Kukis and smaller tribal groupings.

People:

• The Meiteis (synonymous to the Manipuris) constitute the majority of the state’s population. They inhabit the Imphal Valley.
• Nagas and Kuki-Zo are the major tribe conglomerates of tribes inhabiting the surrounding hills.
• Kuki-Zos speak Kuki-Chin languages and predominate the southern hill districts of Manipur.
• Naga tribes predominate the northern hill districts of Manipur.

Religion:

• The religious groups of the Meitei-speaking people include Hindus, Sanamahists, Meitei Christians and Meitei Pangals.
• Besides these, the non-Meitei-speaking communities (tribals) are mostly Christians.
• Among the indigenous communities of Manipur, Meiteis are the only Hindus as no other indigenous ethnic groups follow this faith.
• According to the 2011 Census of India, about 41.39% of the Manipuri people practice Hinduism. The Hindu population is heavily concentrated in the Meitei dominant areas of the Manipur Valley (Imphal Valley), among the Meitei people.
• Christianity is the religion of 41% of the people in the state, but is the majority in rural areas with 53%, and is predominant in the hills.
• It was brought by Protestant missionaries to Manipur in the 19th century.
• Sanamahism is the indigenous, polytheistic and animistic ethnic religion of the Meitei people.

Security and insurgency:

• The violence in Manipur extends beyond the conflict between Indian security forces and insurgent armed groups.
• There is violence between the Meitei ethnicity, various Naga tribes, various Kuki tribes, and other tribal groups.
• The Meitei insurgent groups seek independence from India.
• The Kuki insurgent groups want a separate state for the Kukis to be carved out from the present state of Manipur.
• The Nagas wish to annex part of Manipur and merge with a greater Nagaland or Nagalim, which is in conflict with Meitei insurgent demands for the integrity of their vision of an independent state.
• There have been many tensions between the tribes and numerous clashes between Naga and Kukis, Meiteis and Muslims.

UNESCO list:

• The Keibul Lamjao National Park (KLNP), the world’s only floating national park, located in the Loktak lake, is under the tentative lists of the UNESCO World Heritage Sites, under the title “Keibul Lamjao Conservation Area (KLCA)”.
• The Kangla (Kangla Fort), which was the historic seat of administration of the Meitei rulers of Manipur Kingdom, is also moved in the Indian Parliament, to be included in the UNESCO World Heritage Site list.

Sudan

Context:

• The conflict between the Sudan Armed Forces (SAF) led by General Abdel Fattah al-Burhan and the Rapid Support Force (RSF) led by Gen. Mohamed Hamdan Dagalo, also known as Hemayti (“My Protector”) has devastated Sudan.

About Sudan:

• Sudan lies at the crossroads of Sub-Saharan Africa and the Middle East, bordering the Red Sea.
• It shares its border with seven countries: Libya, Egypt, Chad, the Central African Republic, South Sudan, Ethiopia, and Eritrea.
• The White and Blue Niles meet in Khartoum, its capital, merging to become the Nile River, which flows all the way to the Mediterranean via Egypt.
• Sudan has a Sahelian belt with desert in the far north, fertile land in the Nile valleys and the Gezira region, with land used for farming and livestock across the rest of the country, from Darfur to Kassala, via the states of Blue Nile and Kordofan.
• For most of its independent history, the country has faced substantial internal conflict that has weakened its ability to play a leadership role in the region.
• This includes two of the longest-lasting civil wars on the African continent, and conflicts in Darfur, South Kordofan, and Blue Nile.
• Under the terms of the Comprehensive Peace Agreement in 2005, South Sudan seceded from Sudan in 2011 and became the 54th independent state of Africa.
• The secession of South Sudan led to multiple economic shocks, including the loss of oil revenue that had accounted for more than half of the Sudan government’s revenue and 95% of its exports.
• This has reduced economic growth and resulted in double-digit consumer price inflation, which, together with increased fuel prices, triggered violent protests in 2013.
• The high incidence of conflict, particularly past fighting that led to South Sudan’s secession, has led to a large population of refugees and internally displaced persons.
• Continuous food price hikes and longstanding grievances for over thirty years of rule led to mass demonstrations that started in December 2018 and culminated in the removal of the then-President, Omar Hassan El-Bashir, from power in 2019.
• This led to the formation of a Transitional Government in September 2019 that carried out ambitious economic and social reforms and engaged in peace negotiations with armed groups to address conflicts and grievances across the country.
• This led to the signing of the Juba Peace Agreement with nearly all armed opposition groups in October 2020.
• A political deadlock prevailed between domestic stakeholders in the military and broader security apparatus, armed groups, political parties, and civil society until April 2023, when a failed political process saw an eruption of conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF).