1. Discuss the role of the Collegium system in the appointment of judges in India. Why has it failed to ensure gender diversity in the higher judiciary? Suggest reforms.
| GS II -Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity. |
IN NEWS: India needs more women judges in the Supreme Court
The Collegium system, developed through judicial precedents, is the mechanism through which judges to the Supreme Court and High Courts are appointed. While it was meant to ensure independence of the judiciary, the system has been criticized for lack of transparency, accountability, and diversity—particularly gender diversity. The recent appointment of two male judges to the Supreme Court, bypassing the opportunity to increase women’s representation, underscores this concern.
Role of the Collegium System:
1. Judicial Independence:Ensures executive non-interference by giving primacy to the judiciary in appointments.
2. Consultative Mechanism:Appointments are made through consensus among the CJI and four seniormost judges.
3. Elevates from High Courts and Bar:Recommends judges from constitutional courts or directly from the Bar.
4. Secretive Process:The process and criteria remain opaque with no public scrutiny or open applications.
5. Seniority and Merit:Relies on undefined parameters like seniority, merit, and regional representation.
6. Discretionary Powers:The Collegium exercises wide discretion without standardized selection criteria.
7. Final Recommendation:The Law Ministry and President act on Collegium recommendations, with limited scope for rejection.
Why the Collegium Fails at Ensuring Gender Diversity:
1. No Institutional Mandate: Gender is not a formal criterion in appointments unlike caste or region.
2. Opaque Criteria: Selection lacks transparency—qualified women are often overlooked without explanation.
3. Seniority Excuse Misused: Seniority is selectively invoked; senior women judges are often bypassed.
4. Neglect of Bar Appointments: Only one woman, Justice Indu Malhotra, has been appointed directly from the Bar.
5. Delayed Appointments: Women are appointed late, limiting their time to rise to senior roles or Collegium.
6. Ignored Dissent: Dissenting voices, like Justice Nagarathna’s, are sidelined in Collegium decisions.
7. Caste and Faith Exclusion: No SC/ST women or adequate minority representation among women judges so far.
Suggested Reforms:
1. Codify Criteria: Establish clear, public guidelines for judicial appointments, including gender balance.
2. Institutionalize Diversity: Mandate representation based on gender, caste, and region as formal selection parameters.
3. Transparent Process: Publish shortlist, invite public comments, and disclose reasons for selection/rejection.
4. Time-Bound Appointments: Ensure timely appointments to allow longer tenures for women judges.
5. Expand Pool: Proactively consider women lawyers and judges, not just based on seniority.
6. Strengthen Representation in Collegium: Include women judges in all Collegium decisions, ensure their voices are heard.
7. Legislate Judicial Commission: Revisit a more balanced National Judicial Appointments Commission (NJAC) with safeguards.
The Supreme Court, as the guardian of constitutional values, must reflect the diversity of Indian society. Mere rhetoric on gender equality rings hollow without substantial representation of women on the Bench. Institutionalizing gender as a selection criterion and reforming the Collegium process are essential for a judiciary that is truly independent, inclusive, and representative.
2. “Suicide prevention is not only a medical but also a moral responsibility.” In this context, analyze the ethical obligations of the state, society, and individuals in preventing suicides.
| GS IV:Emotional intelligence-concepts, and their utilities and application in administration and governance. |
IN NEWS: WHO says suicide behind one in every 100 deaths; calls for action
Suicide, accounting for one in every 100 deaths globally (WHO, 2021), is a complex issue influenced by psychological, social, economic, and cultural factors. While mental health services are essential, suicide prevention also entails deep ethical responsibilities for the state, society, and individuals. It is not merely a medical concern but a collective moral duty to preserve human dignity, life, and well-being.
Ethical Obligations of the State:
1. Right to Life (Article 21): The state has a constitutional duty to protect life by ensuring mental health is treated with the same priority as physical health.
2. Access to Mental Healthcare: Implement the Mental Healthcare Act, 2017 effectively, guaranteeing affordable and accessible treatment.
3. Ethical Policy Making: Formulate policies that address root causes—poverty, unemployment, farmer distress, academic pressure.
4. Decriminalization: Recognize suicide as a mental health issue, not a crime—aligned with Section 115 of the MHCA, 2017.
5. Data Transparency: Maintain ethical transparency by publishing accurate suicide data to inform interventions.
6. Suicide Prevention Helplines: Set up 24/7 helplines with trained professionals as an ethical obligation to respond in crisis.
7. Protection of Vulnerable Groups: Prioritize youth, farmers, LGBTQ+ individuals, and women who face higher suicide risk.
Ethical Obligations of Society:
1. Stigma Reduction: Society must break taboos around mental illness through awareness and open dialogue.
2. Community Support Systems: Build informal networks like peer support groups to identify early signs of distress.
3. Educational Institutions: Ethically obligated to foster supportive, pressure-free environments for students.
4. Workplace Responsibility: Employers should ensure mental well-being and work-life balance through ethical HR practices.
5. Responsible Media Reporting: Avoid sensationalism in suicide coverage; follow WHO media guidelines.
6. Religious and Cultural Institutions: Should act as spaces of healing, not judgment, for those in crisis.
7. NGOs and Civil Society: Must bridge gaps in outreach and care for underserved populations.
Example: The “Buddy Project” in colleges allows peer monitoring and reduces suicide attempts among students.
Ethical Obligations of Individuals:
1. Empathy and Listening: Offer non-judgmental emotional support to friends, family, and colleagues.
2. Destigmatization: Avoid moral policing; treat mental illness with the same seriousness as physical illness.
3. Timely Intervention: Encourage those in distress to seek professional help without delay.
4. Social Media Conduct: Avoid triggering content; report self-harm posts ethically.
5. Volunteerism: Train in suicide first aid and contribute to helplines or support centers.
6. Civic Responsibility: Vote and advocate for policies prioritizing mental health and suicide prevention.
7. Self-care: Recognize and manage one’s own stress, setting an example for others.
Example: Many individuals have turned mental health advocates after personal loss, like the Live Love Laugh Foundation started by actor Deepika Padukone.
Suicide prevention is not just a clinical intervention but a collective moral commitment. The state must create enabling systems, society must cultivate supportive environments, and individuals must act with compassion and awareness. Only then can we fulfill our ethical responsibility to protect the sanctity of life and ensure that no one suffers in silence.
Source:https://ground.news/article/more-than-one-in-every-100-deaths-globally-is-due-to-suicide-says-who