02 December 2022

MAINS QUESTIONS DAILY QUESTIONS & MODEL ANSWERS

Q1. Syama Prasad Mookerjee promoted Indian nationalism and motivated people to fight for an India that is united. Comment. (250 words) (250 words)

Paper & Topic: GS I Modern Indian History

Introduction:

• In the administration of former Indian Prime Minister Jawaharlal Nehru, Syama Prasad Mookerjee held the position of Minister for Industry and Supply. He was a renowned Indian lawyer, politician, and lecturer. Syama Prasad Mookerjee’s vision and deeds shaped the national mindset toward building a truly united India at a period when the modern conception of India was beginning to take shape. He participated significantly in a wide range of endeavours during his brief life that cut across the boundaries of politics, administration, academics, and culture. He was an extremely complicated individual.

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Contributions and role:

• Mookerjee had a big impact on society, politics, culture, and other areas.
• In 1929, he was selected to serve in the Bengal Legislative Council. From 1934 to 1938, he served as the University of Calcutta’s youngest vice chancellor.
• He was elected national president of the All India Hindu Mahasabha, the Mahabodhi Society, and the Royal Asiatic Society in addition to serving as the Province of Bengal’s finance minister and a representative in the Constituent Assembly.
• On April 6, 1950, he submitted his letter of resignation from the Cabinet in protest of the 1949 Delhi Pact with the Prime Minister of Pakistan.
• On October 21, 1951, he established the Bharatiya Jana Sangh (Indian People’s Union) and served as its first president.
• As a believer of nationalism and a united India, Mookerjee called for the institutionalisation of the racial division created by the British.
• He actively joined the All India Hindu Mahasabha as a result of his strong response to the communal tactics used by the Muslim League and other anti-national and disruptive parties.
• He emphasised that the core principles of Hinduism are tolerance and respect for one another. However, in the future, he recognised the necessity to oppose the communalist and separatist agenda of the Muslim League of Muhammad Ali Jinnah.
• Interesting things happen in Mookerjee’s interaction with the Maha Bodhi Society. He significantly advanced India’s international cultural ties in his role as the society’s president.
• PM Nehru gave him the Buddhist artefacts and relics that he had brought back from England.
• Later, he travelled as a cultural envoy to Myanmar, Vietnam, Sri Lanka, and other Southeast Asian nations to reinforce ties based on Buddhist principles.
• Mookerjee set the groundwork for India’s industrialization while serving as the country’s minister of industry.
• He created India’s Industrial Policy and laid the foundation for the future industrial growth of the country.
• When the All-India Handicrafts Board, All-India Handloom Board, Central Silk Board, Khadi and Village Industries Board, Textile Research Institute, and Industrial Finance Corporation were all established, Mookerjee was the Union Industry Minister.
• The Chittaranjan Loco Works, the Damodar Valley Project, and the Sindri Fertilizer Plant are three well-known initiatives that directly bear his name.
• Unfortunately, many people holding important positions in our government that include science today seem to have overlooked his point that funding and research have a big influence on economic development.
• Mookerjee promoted free and compulsory education for all, claiming that it was a necessary first step toward nationalism rather than just a luxury for the wealthy.
• Ambedkar and Mookerjee both advocated for a resolute stance in favour of India’s sovereignty over J&K.
• He shouted “Two flags in one nation, two laws in one country, two heads in one country, unacceptable, unacceptable” in support of the Praja Parishad’s satyagraha, which sought to accede J&K to India.
• He addressed a sizable crowd in Jammu in August 1952 and threatened to give his life if the Indian Constitution wasn’t obtained.
• He was placed under house arrest for 40 days without receiving any basic necessities or medical care. On June 23, he mysteriously left.
• The trio of Ek Nishan, Ek Pradhan, and Ek Vidhan Day is celebrated in his honour on June 23 since he was the first Indian to give his life in defence of Jammu and Kashmir.
• He is regarded as the co-founder of Hindu nationalism in India, specifically the Hindutva movement, along with Vinayak Damodar Savarkar.
• Both the Rashtriya Swayamsevak Sangh and the Vishwa Hindu Parishad hold him in high regard.

Conclusion:

• The nation’s ascent to the pinnacles of humanism civilisation was influenced by the theories of India’s visionary leaders. Mookerjee will always be considered as a progressive political thinker for his opinions on women’s rights and education. He was an inspiring leader with long-term perspectives on nuclear energy. The philosopher-statesman Mookerjee had his own ideas about how to establish solid bilateral ties with the neighbours. On the 120th anniversary of his birth, the country honours Mookerjee, a torchbearer of Indian nationalism. We must never forget his high principles and sage advice.

Q2. Evaluate the potential and implementation challenges of the All India Judicial Service as a reform in India’s hiring and appointment practises for subordinate judicial services. (250 words)

Paper & Topic: GS II Indian Judiciary

Introduction:

• “Strategy for New India @ 75,” the NITI Aayog’s vision statement, makes a number of recommendations for judicial reforms. The creation of an All India Judicial Service (AIJS), which would be akin to other central services like the IAS and the IPS, has received support from the think tank.

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AIJS condition:

• In the 1950s, the Law Commission first suggested the creation of an AIJS. As per this, district judges will be appointed centrally upon successful completion of an exam that is available to all Indian citizens. After that, each State will receive them in accordance with the AIS.
• The idea for an All-India Judicial Service was initially presented in the Chief Justices’ Conference in 1961 in order to do away with any possibility of judicial or executive influence in the selection of judges to the High Courts and the Supreme Court of India. The plan had to be abandoned after being rejected by various states and High Courts.
• An AIJS was introduced to Article 312 of the Constitution by the 42nd Amendment, which was ratified in 1976. As a result of the amendment to Article 312, the Rajya Sabha now has the power to begin the process of establishing an AIJS by adopting a resolution with the backing of two-thirds of the upper chamber.
• In 2012, the current UPA administration once more proposed the idea, but the draught bill was again abandoned as a result of criticism from the Chief Justices of the High Court, who said that this was an infringement on their rights.
• Currently, High Courts appoint district and subordinate judges based on a common test in a manner similar to that stated above.

Additional recommendations:

• The 14th Report on Reform of Judicial Administration proposed a distinct all-India service for judicial officers. This research assisted an AIJS to ensure that judges of lower courts receive pay and perks that are on par with those provided to employees of the government. People would be inspired to think about working in the state courts as a result.

Why AIJS is necessary:

• The AIJS seeks to ensure the advancement of more junior judges to the SC and HCs. Recruits must serve at least ten years as subordinate justice magistrates under the current system before they are eligible to become district judges.
• In order to attract the best talent to India’s legal sector, this is expected to ensure a transparent and efficient hiring procedure.
• There are currently several issues with India’s legal system, particularly with the lower judiciary. India currently only has 13 judicial posts per million people, in contrast to the Law Commission’s suggestion of 50 judges per million inhabitants based on the previous US ratio.
• Across the nation, there are many open positions in the judiciary, and in some areas, judge absence has made the issue worse. Therefore, a quick method of choosing new judges is needed.
• As a result, there are a large number of cases that are still open—about 2.8 crore in all.
• The judiciary experiences similar infrastructure issues; for instance, freshly appointed judges lack the required courtrooms, necessitating a considerable investment.
• difficulties with AIJS

Addressing vacancy issues:

• The continuous problem of vacancies in the Indian subordinate judiciary is claimed to be resolved by the AIJS.
• An all India service would offer a more streamlined and organised application process for the limited district judge jobs available in the country.

Fundamental Structure Doctrine is flawed:

• An AIJS that would have entry-level civil judges, prosecutors, and legal advisers as members of the service was proposed by Niti Aayog (subordinate judges).
• Significant constitutional changes would be required by a broad mandate, especially in relation to the selection process for the lower subordinate judges (that is, all ranks below that of a district judge).
• Nominations to the lower judiciary are currently made in accordance with Articles 233 and 234 of the Constitution under the supervision of the State High Court.
• These modifications, which establish a centralised nomination process, might be deemed unconstitutional and subject to being struck down for flagrantly violating the idea of the basic structure and judicial federalism.

Oversimplification:

• The AIJS concept has caused considerable controversy among the legal profession and other interested parties.
• The present UPA administration first proposed the idea for AIJS in 2012, however the draughts law was once again tabled when Chief Justices of the High Court objected, claiming that this was an infringement on their rights.
• Training judges to take into account regional variations in local laws, customs, and practises would be challenging.
• The requirement of creating a reserve for people with local addresses and the central selection procedures would seriously cast doubt on their constitutionality and efficacy as the law evolved.

How to Proceed:

• The UPSC conducts an all-India judicial services test in an effort to sustain “high standards” in the judiciary.
• Instead of just suggesting an AIJS as a solution for judicial vacancies, it might be smarter to look into the causes and factors contributing to the high number of vacancies in the underperforming States.
• Despite two requests from the Supreme Court for AIJS, the administrative block and High Courts are a barrier.
• Because of this, if AIJS is developed in a way that eliminates its flaws, the gap in the judiciary can be effectively filled.
• A sufficient number of judges can only be hired through AIJS, as we observe in the cases of IAS, IPS, IFS, and other civil services. Therefore, there shouldn’t be any more waiting.
• A Judicial Service officer might also complete the required training after being hired for the job. A competitive hiring process makes a meritocratic judicial system, which is what the current situation demands, possible.