7 January 2025 : The Hindu Editorial Analysis

1. The Collegium and changes — it may still be early days

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Indian Polity – Judiciary

Context

The article highlights recent reforms in the Supreme Court Collegium system, including candidate interviews and efforts to promote judicial diversity. It also addresses challenges such as government interference and the need for transparency and accountability to ensure judicial independence.

Key Decisions by the Supreme Court Collegium

• Recent reports indicate two decisions by the Supreme Court Collegium:
  • Conducting interviews for candidates recommended for elevation as High Court judges.
  • Avoiding selection of candidates with close relatives serving or having served as judges in the High Courts or Supreme Court.
• These steps aim to promote transparency and diversity in judicial appointments, though they might exclude some deserving candidates.

Concerns Over Collegium Functioning

• Despite the potential for reform, concerns about the government’s ability to stall recommendations persist.
• The collegium’s processes are criticized for lacking formal rules, transparency, and accountability, relying instead on ad hoc mechanisms.

Constitutional Provisions on Judicial Appointments

• The Constitution mandates judicial appointments by the President in consultation with the Chief Justice of India (CJI) and other relevant stakeholders:
  • For Supreme Court judges: Consultation with the CJI and other judges deemed fit.
  • For High Court judges: Consultation with the CJI, Governor, and Chief Justice of the High Court.
• The provisions lack clarity on the manner and transparency of consultation, leaving room for interpretation.

Evolution of the Collegium System

• The Second Judges Case (1993) redefined “consultation” as “concurrence,” introducing the collegium system:
  • The collegium, comprising the CJI and senior judges, recommends judicial appointments and transfers.
  • The government can return recommendations for reconsideration but must accept them if resubmitted.
• The Fourth Judges Case (2015) emphasized the judiciary’s primacy in appointments, asserting that any alteration would violate the Constitution’s basic structure.

Challenges in Implementation

• Despite the judiciary’s declared primacy, the government can stall recommendations by delaying approvals or withholding presidential warrants.
• This paradox undermines the collegium’s authority, despite its basis in the rule of law.

Need for Binding Rules and Reforms

• The absence of formal, binding rules weakens the collegium system.
• Questions remain on whether recent changes, like candidate interviews, will be codified into binding procedures.
• The lack of a clear enforcement mechanism for the “memorandum of procedure” highlights the need for systemic reforms.

Balancing Accountability and Independence

• Judicial independence is critical for the rule of law, yet accountability mechanisms remain insufficient.
• Until a new process emerges, reforms within the collegium system must focus on transparency, rule enforcement, and government compliance.

Way Forward

• The government must respect the rulings in the Judges’ cases to uphold the law and ensure judiciary independence.
• Collaboration between the judiciary and executive is essential to fulfill procedural requirements.
• The judiciary must assert its authority to ensure compliance, fostering confidence in the rule of law.

Conclusion

• Strengthening the Collegium system is vital to uphold judicial independence.
• Transparent, binding rules and government compliance with judicial decisions are essential for sustaining the rule of law in India. 

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 Supreme Court Collegium system in ensuring judicial independence and transparency. Suggest measures for improving its accountability. (150 Words /10 marks)

2. Enhancing governance the digital way

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Governance – Digital Governance

Context

India’s digital governance transformation focuses on enhancing public service delivery by integrating technology and building workforce capacity.

India’s Digital Governance Journey and Workforce Competencies

• India is pursuing a transformative digital governance initiative to improve citizen services and enhance government employee skills.
• Public service delivery efficiency depends heavily on the workforce’s competencies and their adaptability to digital tools.
• Governance involves a complex decision-making process with diverse stakeholders, including government bodies, NGOs, and community leaders.

Integration of Digital Tools

• Integrating digital tools in governance is crucial for improving decision-making, operational efficiency, and transparency.
• Digital transformation is pivotal in reimagining governance at all levels, bridging gaps, and meeting evolving public expectations

Capacity Building in Digital Governance

• Digital governance has introduced a paradigm shift in how government employees engage with their roles, emphasizing effective communication, informed decision-making, and streamlined workflows.
• Initiatives like iGOT Karmayogi, launched in 2020, provide online training in data analytics, public administration, and digital technologies.
  • Personalized learning paths on this platform foster continuous improvement.
• The e-Office initiative digitizes government workflows, reducing paperwork and enhancing efficiency through automated file management and grievance redress.
• Platforms such as the Government e-Marketplace (GeM) have revolutionized procurement processes by shifting them online.
• The government has rolled out various programmes to improve digital literacy, including training in e-governance, cybersecurity, and digital communication.

Challenges in Advancing Digital Empowerment

• Resistance to Change: Some segments of the workforce exhibit reluctance to adapt to digital tools.
  • Bureaucratic inertia and differing levels of enthusiasm for new technologies create challenges.
• Incentive Structures: The iGOT Karmayogi platform’s success depends on ensuring meaningful outcomes rather than serving as mere attendance trackers.
  • Providing opportunities to apply new skills is critical for the platform’s long-term success.
• Digital Divide: Rural areas face significant barriers such as limited access to high-speed Internet and digital tools, risking the exclusion of employees and citizens from digital transformation.
• Cybersecurity Concerns: The shift to online operations increases the risk of data breaches and cyberattacks.
  • Training employees in cybersecurity protocols is essential for safeguarding sensitive information.
• Continuous Learning Needs: Rapid technological advancements necessitate dynamic and adaptable capacity-building programmes to ensure employees remain skilled and confident.

Conclusion

• India’s digital governance initiatives provide a strong foundation, but further efforts are needed to maximize their potential.
• Building robust digital infrastructure, offering targeted training, and fostering a dynamic workforce are key to setting a global benchmark in digital governance.
• Ensuring inclusivity by equipping every government employee, regardless of rank or location, is critical for achieving an accountable and transparent governance model. 

PYQ: Has digital illiteracy, particularly in rural areas, coupled with lack of Information and Communication Technology (ICT) accessibility hindered socio-economic development? Examine with justification. (250 words/15m) (UPSC CSE (M) GS-2 2021)

Practice Question:  Analyze the importance of capacity building in digital governance and examine the challenges impeding its effective implementation in India. (150 Words /10 marks)

3. The end of global climate policy

(Source – The Hindu, International Edition – Page No. – 9)

Topic: GS2 – International Relations

Context

The 2024 global climate conference in Baku redefined climate governance, promoting a shift towards sustainability justice, urging developing countries to lead their own climate efforts.

Baku Climate Conference 2024: A Shift in Climate Governance

• The 2024 climate conference in Baku redefined global climate governance by discarding the divide between ‘donors’ and ‘recipients.’
• Developing countries are now encouraged to take charge of their own sustainability, signaling the need for a new global forum.

Purpose and Imbalance in the 1992 Climate Treaty

• The 1992 climate treaty aimed to address global climate concerns collectively, with the G7 reducing future carbon emissions.
• Developing countries accepted a burden they did not create in exchange for promised technology transfers and funding.
• The imbalance in research capacity and academic treatment favored the G7, shifting the burden to developing nations.

Challenges of the Current Climate Arrangement

• G7 countries continue to benefit from rules and practices focusing on symptoms rather than root causes of climate problems.
• Promises like financial support by 2035, referred to by India as an “optical illusion,” absolve the G7 of accountability.

Contrasting Worldviews on Climate Action

• The G7’s historical overuse of atmospheric resources contrasts with the Global South’s focus on sustainable development.
• Four-fifths of the world’s population resides in the Global South, which is increasingly advocating for climate justice.
• The concept of a “just transition” reflects the social dimensions of climate action in 72 countries’ climate strategies.

Climate Justice and Inequality

• Climate justice critiques the inequities in global rules, such as carbon pricing and trade restrictions, which widen income gaps.
• It highlights urbanization’s impact, responsible for three-quarters of global emissions and resource use.

Resource Use and Emission Trends

• The G7, with one-fifth of the population, consumed three-quarters of global resources in 1950, with the U.S. alone consuming 40%.
• By 2050, the G7 will account for 25% of emissions with 10% of the global population, while Asia’s emissions will match its population share at 55%.

Proposed New Sustainability Principles

• Sustainability must place justice at its core, with India adopting strategic approaches for global cooperation.

Suggested Initiatives for Global Governance

1. Alternate Sustainability Forum: BRICS nations should establish a platform focusing on urban energy transitions and sustainability science.
2. Revised UN Climate Negotiations: Limit negotiations to reviewing G7 emissions reductions and providing $300 billion to vulnerable nations.
3. Reimagining International Fora: Treat platforms as stocktaking events for strategic course correction and allow dysfunctional entities like the WTO’s dispute mechanism to fade.

BRICS Role in New Multilateralism

• By bridging global divides, BRICS can claim a rightful position in the UN Security Council, advancing new multilateral principles.

Conclusion

• The 2024 climate conference signals a shift towards a more equitable approach to climate action.
• Developing countries must take the lead in their sustainability journey.
• New frameworks can ensure shared prosperity within ecological limits.

Practice Question:  Discuss the implications of the 2024 global climate conference in Baku on international climate agreements and the future of global sustainability frameworks. (150 Words /10 marks)

For more such UPSC-related The Hindu editorial analysis, Check Out- 6 January 2025 : The Hindu Editorial Analysis