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GS Paper: GS2

  • Places in news: Panjshir Valley

    The Taliban has sent hundreds of its fighters to the Panjshir Valley, one of the few parts of Afghanistan not yet controlled by the group.

    Panjshir Valley

    • Located 150 km north of Kabul, the Valley is near the Hindu Kush Mountain range.
    • It’s divided by the Panjshir river and ringed by the Panjshir mountains in the north and the Kuhestan mountains in the south.
    • The mountain tops are covered by snow throughout the year.
    • This difficult terrain makes the Valley a nightmare for invaders.

    Why is it significant?

    • The Valley has repeatedly played a decisive role in Afghanistan’s military history, as its geographical position almost completely closes it off from the rest of the country.
    • The only access point to the region is through a narrow passage created by the Panjshir River, which can be easily defended militarily.
    • Famed for its natural defenses, the region tucked into the Hindu Kush mountains never fell to the Taliban during the civil war of the 1990s, nor was it conquered by the Soviets a decade earlier.
    • Panjshir Valley was among the safest regions in the country during the time of the NATO-backed government from 2001 to 2021.
    • The valley is also known for its emeralds, which were used in the past to finance the resistance movements against those in power.

    Answer this PYQ:

    Consider the following pairs

    Towns: Country in news        

    1. Aleppo: Syria
    2. Kirkuk: Yemen
    3. Mosul: Palestine
    4. Mazar-i-sharif: Afghanistan

    Which of the pairs given above are correctly matched? (CSP 2018)

    (a) 1 and 2

    (b) 1 and 4

    (c) 2 and 3

    (d) 3 and 4

     

    [wpdiscuz-feedback id=”y9iww5wevm” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

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  • The Abraham Accords as India’s West Asia bridge

    Context

    The recent visit by the Indian Air Force chief, to Israel offers a window to study how India is taking advantage of the Abraham Accords deal signed between Israel and a consortium of Arab States led by the United Arab Emirates (UAE) in 2020.

    Increasing defence cooperation between India and West Asia region

    • India’s trajectory towards an increased strategic footprint in West Asia has been in development for some time now.
    • Starting from the relatively low-key staging visit to Saudi Arabia conducted by the IAF in 2015.
    • India hosted visiting Iranian naval warships in 2018.
    • India takes an active part in the defence of the critical waterways in and around the Persian Gulf, the Arabian Sea and the extended Indian Ocean Region (IOR).
    • An Indian contingent of the Indian Air Force (IAF) will visit Israel in October to take part in multilateral military exercises.
    • India also conducted the ‘Zayed Talwar’ naval exercises with the UAE off the coast of Abu Dhabi, further deepening the fast-developing strategic cooperation between the two countries.
    • In December 2020, Indian Army chief visited the UAE and Saudi Arabia, becoming the first chief of the Indian Army to do so.
    • In 2017, India signed a deal with Oman, the home to Duqm Port  for access to the facility, including dry dock use by the Indian Navy.

    How Abraham Accords accelerated India’s engagement with West Asia region?

    • No need for balancing act: The signing of the Accords has removed a significant strategic obstacle for India — delicate balancing act India has had to play out between the Arab Gulf and Israel over the decades.
    • India had welcomed the Accords, highlighting its support for mechanisms that offer peace and stability in the region.
    • From the UAE’s perspective, Accords were to make sure the emirate along with its international centres of trade such as Dubai and Abu Dhabi do not become targets between Jerusalem and Tehran.
    • However, not all Arab States have been on board with the geopolitical shifts the Accords have pushed through.
    • Saudi Arabia has maintained a distance from this arrangement.

    India’s West Asia construct and relations with Iran

    • Iran, as part of India’s ‘West Asia’ construct, will also play a significant part in India’s outreach in the months to come as the crisis in Afghanistan deepens.
    • Connectivity projects such as Chabahar Port and Chabahar-Zahedan rail project (project discussions are still on) amongst others remain critical.
    • Recently,  strategic cooperation revitalised despite multiple obstacles in the bilateral relations, led by U.S. sanctions against Tehran and the general tensions between Israel, the Gulf and Iran via proxy battles in theatres such as Yemen, Syria and beyond.

    Conclusion

    India’s strategic play in West Asia will be reflective of its economic growth, and by association, an increasingly important place in the global order.

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  • Abraham Accords as India’s West Asia bridge

    The recent visit by the Indian Air Force chief to Israel offers a window to study how New Delhi is taking advantage of the Abraham Accords deal signed between Israel and a consortium of Arab States.

    Try this question:

    What are Abraham Accords? Discuss how the Israel-Gulf synergy could impact India’s relations with Israel.

    [wpdiscuz-feedback id=”bvxbuw1pzf” question=”Please leave a feedback on this” opened=”1″][/wpdiscuz-feedback]

    What are Abraham Accords?

    • The Israel–UAE normalization agreement is officially called the Abraham Accords Peace Agreement.
    • It was initially agreed to in a joint statement by the United States, Israel and the United Arab Emirates (UAE) on August 13, 2020.
    • The UAE thus became the third Arab country, after Egypt in 1979 and Jordan in 1994, to agree to formally normalize its relationship with Israel as well as the first Persian Gulf country to do so.
    • Concurrently, Israel agreed to suspend plans for annexing parts of the West Bank. The agreement normalized what had long been informal but robust foreign relations between the two countries.

    Do you know?

    Abraham was the first of the Hebrew patriarchs and a figure revered by the three great monotheistic religions—Judaism, Christianity, and Islam.

    New friendships

    • For common enemy: Externally, Israel, the UAE and Bahrain share the common threat perception of Iran.
    • Upholding modern values: They are relatively more modern societies that share the overarching and immediate priority of post-pandemic economic resuscitation.
    • Extended cooperation: They have lost no time to set up logistics such as Internet connectivity and direct flights to pave the way for more active economic engagement.

    India and the Gulf

    • Now India has stronger, multifaceted and growing socioeconomic engagements with Israel and the Gulf countries.
    • With over eight million Indian diasporas in the Gulf remitting annually nearly $50 billion, annual merchandise trade of over $150 billion.
    • It sources nearly two-thirds of India’s hydrocarbon imports, major investments, etc. Hence it is natural to ask how the new regional dynamic would affect India.
    • India has acquired a large and rewarding regional footprint, particularly as the preferred source of manpower, food products, pharmaceuticals, gem and jewellery, light engineering items, etc.
    • Indians are also the biggest stakeholders in Dubai’s real estate, tourism, and Free Economic Zones.
    • In the evolving scenario, there may be scope for a profitable trilateral synergy, but India cannot take its preponderance as a given.

    The Israel-GCC synergy

    • Culture: Even the Israeli Arabs may find career opportunities to bridge the cultural divide. Israel is known as the start-up nation and its stakeholders could easily fit in the various duty-free incubators in the UAE.
    • Tourism: Tourism, real estate and financial service sectors on both sides have suffered due to the pandemic and hope for a positive spin-off from the peer-to-peer interactions.
    • Defense: Israel has niche strengths in defence, security and surveillance equipment, arid farming, solar power, horticultural products, high-tech, gem and jewellery, and pharmaceuticals.
    • Technology: Further, Israel has the potential to supply skilled and semi-skilled manpower to the GCC states, particularly from the Sephardim and Mizrahim ethnicities, many of whom speak Arabic.

    The Iran link

    • Iran, as part of India’s ‘West Asia’ construct, will also play a significant part in India’s outreach in the months to come as the crisis in Afghanistan deepens.
    • The fact that New Delhi used Iranian airspace and facilities when evacuating its diplomatic staff from Kandahar in July showcases a level of strategic commonality.
    • Keeping this in mind, connectivity projects such as Chabahar Port and Chabahar-Zahedan rail project (project discussions are still on) amongst others remain critical.

    Conclusion

    • India’s strategic play in West Asia will be reflective of its economic growth, and by association, an increasingly important place in the global order.

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  • Role of Speaker

    Context

    The decline in the functioning of India’s Parliament — and state assemblies as well — is caused by one primary reason: The lack of independence and impartiality of the Speaker.

    Important role of the Speaker

    • Our Constitution, after extensive debate, adopted the Westminster model of governance.
    • In the Lok Sabha, as in the United Kingdom, the Speaker is the supreme authority; he has vast powers and it is his primary duty to ensure the orderly conduct of the business of the House.
    • Constitutional law points out the two essential qualities of a Speaker: Independence and impartiality.
    • As the principal spokesperson of the Lok Sabha, the Speaker represents its collective voice.
    • Indeed, the supremacy of Parliament is emphasised by Article 75(3) of the Constitution: “The Council of Ministers shall be collectively responsible to the House of the People”.
    •  Pandit Nehru referred to the Speaker as “the symbol of the nation’s freedom and liberty” and emphasised that Speakers should be men of “outstanding ability and impartiality”.

    How role of Speaker matters in functioning Legislature

    • Power to allow debate or discussion: It is the Speaker’s duty to decide what issues will be taken up for discussion.
    • He has the sole discretion to permit an adjournment motion to be tabled or to admit a calling attention notice, if the issue is of urgent public importance.
    • The present practice of the Speaker continuing to be an active member of the ruling party has the inevitable result of his refusing to allow any debate or discussion that may be essential in national interest but may embarrass the ruling party.
    • This inevitably leads to constant disruption of Parliament by the Opposition.
    • The stalling of parliamentary proceedings has led to the passing of important bills in several sessions without any discussion.
    • Violation of separation of power between legislature and executive: The most dangerous consequence is the vastly increased powers that the executive — the bureaucracy — begins to command by default.
    • In 1951, a nine-judge bench of the Supreme Court (In Re Delhi Laws Act Case) held that essential legislative functions cannot be delegated to the bureaucracy; law-making must remain the domain of the legislature.
    • This constitutional mandate is now increasingly and consistently being violated by issuing rules and notifications that have far-reaching consequences.
    • The new rules on information technology and electronic commerce are clear instances of changes that should have come about by a parliamentary law.
    • And worse still is the power given to the executive to issue retrospective notifications — a step unknown to any civilised democracy.
    • Partisan conduct in anti-defection law issues: Several judgments on the anti-defection law have been rendered by the Supreme Court.
    • A common factor that shows up in these rulings is the blatant, partisan conduct of speakers in state assemblies.

    Way forward

    • Speaker should resign from Party: It should be made mandatory that the Speaker ought to resign from his party and his sole allegiance must be to the Constitution and to maintaining the dignity of the House.
    • The separation of powers is part of the basic structure of our Constitution.
    • It is imperative that the Speaker of every legislature resigns from his party to honour his constitutional obligation of independence and impartiality. 
    • This must be accepted as the primary responsibility of every ruling party, both at the Centre and in each state, and made into a constitutional convention.

    Conlcusion

    The option is a binary: Either allow Parliament and state legislatures to descend into terminal decline or make the Speaker truly independent and let every legislature perform its constitutional function.

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  • Collegium recommends nine judges for Supreme Court

    The Supreme Court Collegium, led by Chief Justice of India (CJI) N.V. Ramana has recommended to the government nine names for appointment as apex court judges.

    Significant appointments

    • The Collegium has for the first time, in one single resolution, recommended three women judges.
    • It has thus sent a strong signal in favor of the representation of women in the highest judiciary.
    • The process scripted history by naming Karnataka High Court judge B.V. Nagarathna, who may become India’s first woman CJI.

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    The procedure followed by the Collegium

    Appointment of CJI

    • The President of India appoints the CJI and the other SC judges.
    • As far as the CJI is concerned, the outgoing CJI recommends his successor.
    • In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.

    Other SC Judges

    • For other judges of the top court, the proposal is initiated by the CJI.
    • The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
    • The consultees must record their opinions in writing and it should form part of the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

    For High Courts

    • The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
    • High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
    • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
    • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Loopholes in the Collegium system

    • Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • Judges appointing Judge: The attempt made to replace it by a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.

    Scope for transparency

    • In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
    • The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
    • Even the majority opinions admitted the need for transparency, now Collegium’s resolutions are now posted online, but reasons are not given.

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  • Understanding the strategic flux and humanitarian crisis in Afghanistan

    Context

    The Afghan government and its defence forces have completely collapsed. The world over, television screens are full of images of the extraordinary takeover of Afghanistan by the Taliban.

    Background of the US intervention in Afghanistan

    • The original trigger for the US military intervention in Afghanistan was the 9/11 attacks.
    • The objective then was to eliminate the al Qaeda sanctuaries hosted by the Taliban.
    • That goal was quickly attained, as was another one — the elimination of Osama Bin Laden in Abbottabad, Pakistan, in 2011.
    • The US was thereafter stuck into a vortex in which its mission oscillated between counter-terrorism and counter-insurgency. 
    • The military presence in Afghanistan has been questioned by the US political firmament for a decade.

    Factors driving the US exit

    • China factor: The US now regards China as its principal strategic competitor.
    • China’s muscle-flexing in the East and South China Seas calls for a renewed effort by the US to protect its stakes.
    • The rise of China is the main geo-strategic threat for the US.
    • In 2001, the US had taken its eye off the ball in diverting its attention to the global war on terror.
    • Beginning with Afghanistan, it meandered through Iraq, Libya and Syria, with mixed results.
    • Taiwan: China’s recent ratcheting up of pressure on Taiwan has also sounded the alarm.

    Implications of Taliban’s return for region

    • The new regime in Kabul is likely to open the door to economic investments from China.
    • At the geopolitical level, the BRI may well receive a boost, given China’s interests in connectivity that could straddle the region, from Pakistan to Iran.
    • Pakistan has shown alacrity in welcoming the change of guard in Kabul.
    • The change in Afghanistan has security implications for India and the region at large.
    • A spill-over of any chaos and instability in Afghanistan beyond its borders could give terrorism a shot in the arm.
    • It could also singe Pakistan if it does not review its malevolent practices, which favour terror as an instrument of state policy.

    Way forward for India

    • India should prioritise the welfare of the Afghan people, whenever the opportunity presents itself.
    • Currently, about 2,500 Afghan students are enrolled in educational and vocational institutions across India.
    • They will no doubt wish to extend their scholarships.
    • As a close neighbour, India has keen stakes in ensuring a stable, secure and developed Afghanistan.
    • As the rotational President of the UN Security Council for August, India has an opportunity to engage important stakeholders on the way forward.
    • Beyond that too, India’s presence in the UN Security Council till the end of 2022 will provide a platform to explore options with greater flexibility.

    Conclusion

    The global community needs to underscore the continued participation of women in governance in Afghanistan and keep an eye on violations of human rights and international humanitarian law.

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  • For India, there will be no dearth of balancing opportunities in Afghanistan

    Context

    The rapid fall of Afghanistan after the withdrawal of the US sent shockwaves across the region.

    Cause of concern for India

    • The Taliban’s entry into Kabul, marks the beginning of a new phase in the relationship between Afghanistan and India.
    • Recent developments in South Asia certainly point to a recurring dynamic between Afghanistan and India.
    • The restoration of Taliban rule in Afghanistan with Pakistan’s support undoubtedly presents some very serious potential challenges for Indian security.
    • However, a measure of strategic patience could help India cope with the adverse developments in Afghanistan and find ways to secure its interests in the near future.
    • For India, a bigger question mark will be about the Taliban’s renewed support for international terrorism and Pakistan’s re-direction of jihadi groups that have allegedly fought with the Taliban towards India.

    Afghanistan from 1979 to 2001 and how it changed the subcontinent

    • At the end of 1979, the Soviet Union launched a massive military invasion to protect a communist regime in Kabul.
    • The US and Pakistan responded by unleashing a religious jihad that compelled Russia to withdraw by 1989.
    • Pakistan’s critical role in the Afghan war against Russia allowed Pakistan to secure the political cover for the country’s acquisition of nuclear weapons.
    • The Pakistan army turned the jihadi armies to gain control of Afghanistan and launched a proxy war against India, especially in the Punjab and Kashmir regions.
    • The turbulence of the 1990s saw deepening conflict between India and Pakistan.
    • Al Qaeda, hosted by the Taliban, launched terror attacks against the US on September 11, 2001.
    • Swift US retribution brought an end to Taliban rule and compelled Pakistan to reconsider its policies.
    • After 2001, there has also been a significant expansion of the India-US strategic partnership.
    • By the end of the decade, though, the Pakistan Army had swung back to its default positions — renewed support for the Taliban in Afghanistan.
    • Pakistan also teased an increasingly war-weary Washington into a negotiation with the Taliban for a peace settlement.

    Way forward for India

    • Patience: Like all radical groups, the Taliban will have trouble balancing its religious ideology with the imperatives of state interests.
    • India would want to carefully watch how this tension plays out.
    • Watch the relation between Pakistan and Taliban: Equally important is the nature of the relationship between the Taliban and Pakistan.
    • The Taliban is bound to seek a measure of autonomy from Pakistan, India will have to wait.
    • Prepare for cross-border terror: India must fully prepare for a renewal of cross-border terror, but there is a lot less global acceptance of terrorism today than in the permissive 1990s.
    • No major power would like to see Afghanistan re-emerge as a global sanctuary of terror.
    • The world has also imposed significant new constraints on Pakistan’s support for terror through mechanisms like the Financial Action Task Force.
    • Unlike in the 1990s, when Delhi simply absorbed the terror attacks, it now shows the political will to retaliate forcefully.
    • Regional geopolitical alignment: It is also important to note that the US and the West will continue to have a say in shaping the international attitudes towards the new regime.
    • The Taliban and Pakistan appear to be acutely conscious of this reality.

    Conclusion

    For a patient, open-minded and active India, there will be no dearth of balancing opportunities in Afghanistan.

  • Criminalisation of politics

    Context

    According to the Association for Democratic Reforms (ADR), 233 MPs in the current Lok Sabha are facing criminal charges, up from 187 in 2014, 162 in 2009, and 128 in 2004. Recently, the Supreme Court has imposed fines on political parties for failing to comply with its orders regarding complete disclosure of their candidates’ criminal history.

    Order adds strength to Election Commission

    • Through the order in a recent case, the SC has put a new onus on the Election Commission to do something concrete, for example, create a phone app to display the detailed criminal history of any contesting candidate.
    • This should be accompanied with a separate cell in the ECI to monitor the compliance of all the political parties regarding this; any breach should be brought to the attention of the SC without delay.

    Why legislature and political parties are reluctant?

    • Two excuses: The legislature has been very slow in addressing this issue, and political parties remain extremely reluctant to change their ways, citing two major excuses.
    • Winnability of candidate: “Winnability” of candidates is the first reason.
    • The logic of a candidate with criminal charges doing good for the people of a constituency is dubious at best.
    • The winnability clause is an attempt by the party to absolve itself of all blame and put the onus of sending a criminally charged candidate to Parliament solely on the voter.
    • Innocent until proven guilty maxim: The other reason offered by political parties is summarised by the maxim of Indian law, which is that any accused is innocent until proven guilty.
    • It is argued that most criminally accused candidates are the victims of “vendetta politics”.

    Issues with allowing criminals to contest election

    • The logic of a candidate with criminal charges doing good for the people of a constituency is dubious at best.
    • Violation of right to equality under Article 14: There were 4.78 lakh prisoners (as of December 2019) of whom 3.30 lakh were under trial, i.e. not yet proven guilty.
    • Yet, their fundamental rights — their right to liberty, freedom of movement, freedom of occupation and right to dignity — are curbed completely.
    • An “innocent” undertrial cannot vote, but a man chargesheeted for murder can even contest election from jail.
    • These blatant double standards are a clear violation of Article 14, which guarantees to all citizens equality before the law.

    Suggestions

    • ECI suggestion on vendetta politics: The ECI has suggested some safeguards against vendetta politics.
    • First, only offences that carry an imprisonment of at least 5 years are to be considered.
    • The case against the candidate should have been filed at least six months before the scheduled elections for it to be considered.
    • And finally, a competent court must have framed the charges.
    • Fast-track court: An alternative solution would be to try cases against political candidates in fast-track courts.
    • The Supreme Court had sent a directive in 2014, directing that cases against political candidates must be completed within a year, failing which the matter should be reported to the Chief Justices of the respective High Court.
    • This is a matter entirely in the judicial domain.
    • Barring political parties: The Supreme Court has, in the recent order stopped short of drastic steps by rejected the suggestion to direct the Election Commission to bar political parties that fail to comply with criminalisation protocols by using its authority derived from Clause 16A of the Election Symbols Order.
    • This step, the SC reasons, would be going too far and infiltrating the domain of the legislature.

    Conclusion

    The legislature and the judiciary need to do more to curb the menace of criminalisation of politics.

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  • Official Opposition in Parliament and State Legislatures

    The 60-member Nagaland Assembly now has no MLA in the Opposition.

    Official Opposition

    • It is a term used in Parliament and State Legislatures to designate the political party which has secured the second largest number of seats in either upper or lower houses.
    • In order to get formal recognition in either upper or lower houses, the concerned party must have at least 10% of the total strength of the house.
    • A single party has to meet the 10% seat criterion, not an alliance.
    • Many of the Indian state legislatures also follow this 10% rule while the rest of them prefer the single largest opposition party according to the rules of their respective houses.

    Why study the Opposition?

    • The Rajya Sabha Chairman Venkaiah Naidu recently broke down when he condemned the violent ruckus that erupted in the Upper House very recently.
    • This has raised questions about the decency of the conduct of our elected representatives.

    Role of the Opposition

    • The role of the opposition in the legislature is basically to check the excesses of the ruling or dominant party, and not to be totally antagonistic.
    • Their main role is to question the government of the day and hold them accountable to the public. This also helps to fix the mistakes of the Ruling Party.
    • The Opposition is equally responsible for upholding the best interests of the people of the country.
    • They have to ensure that the Government does not take any steps, which might have negative effects on the people of the country.

    In the legislature, Opposition Party has a major role, which is:

    1. Constructive criticism of the government.
    2. Putting restriction of the arbitrariness of ruling party
    3. Safeguarding liberty and right of people
    4. Preparation to form a government
    5. Expression of public opinion

    Leader of the Opposition

    • They are the politicians who lead the official opposition in either House of the Parliament of India.
    • The LoP is the parliamentary chairperson of the party with the most seats after the government party.
    • S/He is given the status of a minister in recognition of his importance.
    • The LoP received statutory recognition through the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

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  • SC questions govt over Tribunal Reforms Bill

    The Supreme Court has challenged the government to produce material showing its reasons for introducing the Tribunal Reforms Bill of 2021, which abolishes nine appellate tribunals and revives provisions of an ordinance struck down by the Supreme Court, in the Parliament.

    What are Tribunals?

    • Tribunals are specialist judicial bodies that decide disputes in a particular area of law.
    • They are institutions established for discharging judicial or quasi-judicial duties.
    • The objective may be to reduce the caseload of the judiciary or to bring in subject expertise for technical matters.

    Do you know?

    The Income Tax Appellate Tribunal was established as the first Tribunal in India back in 1941.

    Creation of Tribunals

    In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.

    • Article 323A: This empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants.
    • Article 323B: This specified certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law.
    • In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule.

    SC stance on Tribunals

    • The Supreme Court has ruled that tribunals, being quasi-judicial bodies, should have the same level of independence from the executive as the judiciary.
    • Key factors include the mode of selection of members, the composition of tribunals, and the terms and tenure of service.
    • In order to ensure that tribunals are independent of the executive, the Supreme Court had recommended that all administrative matters be managed by the law ministry rather than the ministry associated with the subject area.
    • Later, the Court recommended the creation of an independent National Tribunals Commission for the administration of tribunals.
    • These recommendations have not been implemented.

    Issues with tribunals

    • Pendency: Whereas the reasoning for setting up some tribunals was to reduce the pendency of cases in courts, several tribunals are facing the issue of a large caseload and pendency.
    • No appointment: With over 240 vacancies in key tribunals where thousands of cases were pending, not a single appointment had been made by the government in any of these tribunals till date.

    Tribunals Reforms Bill, 2021

     

    What is the recent news?

    • A three-judge Bench led by CJI has put the government on the dock about the complete absence of material justifying the Bill and also the lack of proper debate in the Parliament.
    • The provisions regarding conditions of service and tenure of Tribunal Members and Chairpersons were struck down by the Supreme Court.
    • However, the same provisions re-appeared in the Tribunal Reforms Bill recently passed.
    • The court has also noted its reservations against the complete dissolution of some tribunals.

    What happens to cases pending before the tribunals are dissolved?

    • These cases will be transferred to High Courts or commercial civil courts immediately. Legal experts have been divided on the efficacy of the government’s move.
    • While on the one hand, the cases might get a faster hearing and disposal if taken to High Courts, experts fear that the lack of specialization in regular courts could be detrimental to the decision-making process.
    • For example, the FCAT exclusively heard decisions appealing against decisions of the censor board, which requires expertise in art and cinema.

    Observations made by the Court

    • With over 240 vacancies in key tribunals where thousands of cases were pending, not a single appointment had been made by the government in any of these tribunals to date.
    • The CJI repeated his question of whether the government was moving towards closing down the tribunals.

    A new flashpoint between Executive and Judiciary

    • The verdict discussed the possibility of legislation overriding the court’s directions.
    • In other cases, too, the SC and Parliament have been at loggerheads on the issue of rationalization of tribunals.

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