12 December 2024 : The Hindu Editorial Analysis
1. The long and complex road to assisted dying
(Source – The Hindu, International Edition – Page No. – 8)
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Introduction of the Assisted Dying Law
- On November 29, 2024, MP Kim Leadbeater presented the Terminally Ill Adults (End of Life) Bill 2024-25, also known as the Assisted Dying Law, to the British House of Commons.
- This legislation aims to provide terminally ill adults in England and Wales with less than six months to live the option of assisted death, given they have obtained the necessary approvals.
- The required approvals include signed requests from two doctors and a High Court judge.
Arguments in Favor of Assisted Dying:
- Autonomy and Dignity: Individuals have the right to make choices about their own lives and deaths, including the right to avoid unbearable suffering.
- Compassion and Relief: Assisted dying provides a compassionate option for those facing intolerable pain and suffering at the end of life.
- Choice and Control: It allows individuals to maintain control over the timing and manner of their death, giving them a sense of agency in their final moments.
- Safeguards and Regulation: Laws can be carefully crafted with safeguards to prevent abuse and ensure that assisted dying is only available to those who meet strict criteria.
- Respect for Individual Beliefs: It respects the diverse beliefs and values individuals hold about life and death, allowing them to make choices aligned with their own convictions.
Arguments Against Assisted Dying:
- Sanctity of Life: Life is sacred and should be protected, even in the face of suffering. Assisted dying undermines the inherent value of life.
- Slippery Slope: Legalizing assisted dying could lead to its expansion to include vulnerable individuals who may feel pressured to end their lives.
- Potential for Abuse: There is a risk that assisted dying could be misused or abused, particularly in cases of coercion or undue influence.
- Impact on Healthcare: It may undermine the trust between patients and healthcare providers and shift the focus away from palliative care and improving end-of-life care.
- Religious and Moral Objections: Many religious and philosophical traditions view assisted dying as morally wrong and a violation of the natural order.
Global Relevance and Implications
- The debates surrounding assisted dying in Britain have global implications, prompting discussions about end-of-life choices and individual autonomy in various countries.
- In India, for instance, the Supreme Court has recognized a limited right to die, encompassing passive euthanasia and the right to create advance medical directives outlining preferences for medical treatment or withdrawal of treatment in case of incapacitation.
- The British deliberations highlight the complexities of legislating assisted dying while underscoring the fundamental principles of human dignity, autonomy, and the right to make choices about one’s life and death.
Conclusion
- While concerns about potential abuse and unintended consequences are valid, the central principle underlying such legislation is the preservation of human dignity and the freedom to make informed choices.
| Practice Question: Critically analyze the ethical and legal dimensions of assisted dying, considering the arguments for and against its legalization. Discuss the potential implications of such legislation on individual autonomy. (250 Words /15 marks) |
2. Chief Justices need longer tenures
(Source – The Hindu, International Edition – Page No. – 9)
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Recent Appointments and the Problem of Short Tenures
- In September, eight new Chief Justices were appointed to High Courts in India.
- A significant concern is the extremely short tenures of most appointees, with some serving only a few months.
- This issue of brief tenures is a recurring problem that negatively affects the efficiency and effectiveness of the judiciary.
Examples of Brief Tenures
- Justice Rajiv Shakdher, appointed Chief Justice of the Himachal Pradesh High Court, retired after only 24 days in office.
- Justice Manmohan of the Delhi High Court was elevated to the Supreme Court shortly after his appointment as Chief Justice.
- Several other Chief Justices across India face similarly short tenures, ranging from six to 15 months. This severely limits their ability to effect meaningful change.
The Multifaceted Role of a Chief Justice
- The Chief Justice of a High Court plays a pivotal role in the administration, financial health, and judicial functioning of the institution.
- Responsibilities include recommending judges, constituting committees, addressing staff welfare, and engaging with the legal community.
- Chief Justices also play a crucial role in maintaining discipline within the court system and addressing concerns related to legal education.
Challenges Posed by Short Tenures
- High Courts are complex institutions with diverse needs and challenges. Understanding these intricacies requires time and dedicated effort.
- Short tenures hinder Chief Justices from fully grasping the institution’s requirements and implementing long-term reforms or improvements.
- The lack of continuity caused by frequent changes in leadership can disrupt the court’s functioning and impede progress.
Historical Perspective and Concerns Raised
- During the British era, Chief Justices typically served long tenures, averaging around eight years. This provided stability and allowed for deeper engagement with the institution.
- In contrast, the average tenure has significantly decreased in independent India, raising concerns about the effectiveness of judicial leadership.
- Several retired Chief Justices have expressed concerns about this issue, emphasizing the need for longer terms to ensure effective leadership and institutional development.
Wait Forward
- Constitutional Amendment: Amend the Constitution to establish fixed tenures for Supreme Court and High Court judges. This would provide certainty and stability.
- Increased Retirement Age: Consider raising the retirement age for High Court judges to 65, aligning with global standards and retaining experienced judges.
- Independent Judicial Commission: Establish an independent commission for judicial appointments and transfers, reducing potential for executive influence.
- Enhanced Security of Tenure: Strengthen safeguards against arbitrary removal of judges, ensuring they can function without fear or favor.
Call for a Collaborative Solution
- The problem of short tenures requires urgent attention and a collaborative approach to finding solutions.
- Stakeholders, including the Bar, must engage in constructive discussions to address this issue and ensure the smooth and efficient functioning of the judiciary.
| PYQ: 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. (150 words/10m) (UPSC CSE (M) GS-2 2017) |
| Practice Question: Discuss the challenges posed by the short tenures of High Court Chief Justices in India. Analyze the impact on judicial administration, institutional reforms, and the overall effectiveness of the judiciary. Suggest measures to address this concern. (150 Words /10 marks) |
