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The Collegium - Page No.6 , GS 2

Enhancing governance the digital way - Page No.6 , GS 2
The end of global climate policy - Page No.7 , GS 3
Text and Context - National Anthem controversy

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Page No. 6, GS 2
Content.

• The collegium, the accounts say, will now conduct interviews of candidates who
have been recommended for elevation as judges to the High Courts. The panel will
also, to the extent possible, exclude from selection those whose close relatives
have served or continue to serve as judges of the High Courts or the Supreme
Court.

• By themselves, neither of these resolutions might seem especially remarkable. One

would think that appointments to important positions in the State — in this case, to
the higher judiciary — would require careful consideration, including a meeting by
the decision-makers with the nominated candidates.

• Any reform of the collegium system — much needed as it is — will only go so far, if
the government is permitted to stonewall proposals, on arbitrary, whimsical and
often undisclosed grounds.
• At its foundation, the collegium is a product of judge-made law.

• It has no formal rules to bind it; it is answerable to nobody; and its functioning —
whether it is in the publication of its decisions or in the opacity and the mystique of its
methods — is suffused in a certain ad hocism.

• Replacing this with a clear set of binding rules is essential to the maintenance of the
system’s integrity.

• Constitution provides that judges to the Supreme Court are to be appointed by the
President of India in consultation with the CJI and such other judges that he or she
deems fit.

• Judges to the High Courts are to be appointed by the President in consultation with the
CJI, the Governor of the State and the Chief Justice of that court. In the case of
transfers, the President may move a judge from one High Court to another, but only after
consulting the CJI.
Fact

• These stipulations are by themselves clear. But in failing to define what manner
of consultation ought to be made, in failing to explicate how transparent this
process needs to be, the provisions opened themselves up for judicial
consideration.

• In 1993, in what is popularly known as the Second Judges Case, the Court held
that “consultation” must mean “concurrence”.

• And concurrence not only from the CJI, but from a “collegium” of judges. In the
process, the Court fashioned a whole new procedure that it believed would
maintain both a fidelity to the bare text of the Constitution’s words and the chief
objective of ensuring an independent and autonomous judiciary
Fact

• in short, it postulates the following: the recommendation to appoint a new judge to a

High Court or to the Supreme Court, to transfer a judge from one High Court to another,
and to elect a new Chief Justice to a High Court, would come from the collegium — a
body comprising the CJI and his senior colleagues, in some cases, two members, and in
others four.

• The collegium will make this recommendation after taking the views of “consultee”
judges.

• Once this recommendation is made, the Union government can either choose to accept
the proposal or return the proposal for reconsideration.

• Upon reconsideration, if the proposal is submitted anew, the government has no choice
but to sanction the resolution.
Fact

• S P Gupta Vs Union of India, 1981 (First Judge Case): Supreme Court held that
consultation in the process of appointing judges does not require concurrence,
and instead only involves the exchange of views.

• Supreme Court Advocates-on-Record Association Vs Union of India, 1993

(Second Judge Case): The Supreme Court reversed it's previous and altered the
definition of consultation to mean concurrence.

• It was decided that the advice tendered by the CJI in regard to the appointment
of judges to the Supreme Court is binding on the President.

• Further, the CJI is required to consult with two of his most senior colleagues
before tendering such advice.
Fact

• Third Judge Case,1998: Supreme court stated that the consultation process to
be adopted by the CJI requires ‘consultation of plurality judges’.

• The CJI should consult a collegium of four senior most judges of the Supreme
Court. Even if two judges give an adverse opinion, they should not send the
recommendation to the government.

• National Judicial Appointments Commission (NJAC) Act, 2014: It was brought to

replace the existing collegium system for appointing judges.

• However, a five-judge Constitution Bench declared it as unconstitutional and

nullified it, stating that it posed a threat to the independence of the judiciary.
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Page No. 6, GS 2
Fact

• In recent years, India has embarked on an ambitious journey toward digital governance
— a transformation designed not only to improve citizen services but also to bolster the
capabilities of government employees. This effort underscores a critical truth: the
efficiency of public service delivery is inextricably linked to the skills and competencies
of the workforce behind it.

• At its core, governance is a complex web of decision-making processes that involves

stakeholders, from government bodies and non-governmental organisations to local
community leaders and influential citizens.

• Chanakya’s governance principles have left a lasting impact, particularly in South Asia,
shaping modern governance theories, public administration, and strategic diplomacy,
with the Arthashastra’s insights into statecraft, economic policy, and ethical leadership
continuing to serve as a framework for political strategy and governance ethics.
• Digital governance represents a paradigm shift in how government employees and
associated service providers or intermediaries such as contractors should engage
with their work.

• The adoption of technology in governance facilitates more effective communication,

informed decision-making, and streamlined workflows. As public expectations evolve,
so too must the skill-set of those in governance roles.

• The pressing need for government employees to become adept at navigating digital
platforms is paramount in a world that is increasingly technology-driven.

• Initiatives such as the iGOT Karmayogi platform have taken centre-stage. Launched in
2020, this online training portal aims to equip government officials with essential
skills in data analytics, public administration, and digital technologies. The flexibility
of personalised learning paths fosters continuous improvement — a vital trait where
adaptability defines success.
Content.

• Equally transformative is the e-Office initiative, which digitises government

workflows, drastically reducing reliance on paperwork and enhancing operational
efficiency. By automating file management, workflows, and grievance redress, the
initiative promotes real-time communication and transparency.

• Another initiative is the transition of procurement processes to the online sphere,

with platforms like the Government e-Marketplace (GeM) playing a crucial role.

• The government’s commitment to enhancing digital literacy is commendable, with

various programmes aimed at familiarising employees with the essential tools of e-
governance, cybersecurity, and digital communication.

• However, as we celebrate these advancements, it is imperative to recognise the

challenges that lie ahead in this digital governance journey.
Content.
• Despite these initiatives, hurdles remain that could undermine progress. The
resistance to change among some segments of the workforce presents a tangible
challenge. Bureaucratic structures can sometimes be slow to adapt, with varying
levels of enthusiasm and readiness among employees.

• The lack of incentives raises concerns that government initiatives such as the iGOT
Karmayogi platform could become merely attendance trackers. True success should
not be measured by participation numbers alone but by the platform’s ability to
deliver real value to employees. It is worth considering whether these trainings lead
to meaningful outcomes — such as opportunities to apply new skills through relevant
job postings — rather than just enhancing performance reviews.

• Additionally, the digital divide is a pressing issue, especially in rural areas where
access to high-speed Internet and digital tools can be limited. Without addressing this
disparity, we risk leaving many employees, and by extension, many citizens behind in
an increasingly digital world.
Content.

• Cybersecurity also looms large as a concern in the digital governance

landscape. As government operations shift online, the risk of data breaches
and cyberattacks escalates.

• Protecting sensitive information is non-negotiable, and training employees in

cybersecurity protocols is critical to fortifying digital governance systems.

• Finally, the need for continuous learning cannot be overstated.

• The rapid evolution of digital tools necessitates ongoing training and upskilling
opportunities to ensure that employees remain capable and confident in their
roles.

• Ensuring that capacity-building programmes remain dynamic and adaptable to

new developments is crucial.
Page No. 7, GS 3
Content.

• The purpose of the climate treaty in 1992 was to collectively deal with a common
concern. In an unequal world, this was defined by the G7 reducing future emissions
of carbon dioxide despite the treaty acknowledging cumulative emissions alone
matter.

• Developing countries agreed to take on a problem they did not create in exchange for
technology transfer and funds, not realising that the imbalance in research capacity
had set the stage for shifting the burden.

• The backbone of the current arrangement is the disconnect between academic

treatment and rules and practice, providing continuing advantage to the G7.

• The way global concerns have been selected, agenda defined, and rules implemented
— all the time dealing with the symptoms rather than the causes of problems —
provides continuing advantages to the G7.
Content.

• The pressure to provide incentives for private finance and dealing with trade
restrictions at the same time was never part of the ‘grand bargain’.

• The G7 have now absolved themselves of any responsibility for climate change with,
in India’s words, the “optical illusion” of providing financial support by 2035.

• The former colonial powers morphed into the G7 in 1973. Climate change with its
reduction in emissions of carbon dioxide is only for the G7 who have overused their
fair share of the common atmospheric resource.

• For the others, the greatest challenge is sustainable development, that is, modifying
pathways, lifestyles and energy transition. The way the agenda was set masks the
injustice within the climate crisis and the extent it is underestimated.
Content.

• The impact of the Global South, representing four-fifths of the global population and
half the GDP, no longer following the lead of the G7 has been felt most significantly in
climate change with growing calls for climate justice.

• The Nationally Determined Contributions of 72 countries explicitly include the

concept of a “just transition”, reflecting recognition of the social dimensions of
climate action.

• The foundational fact is that patterns of urban natural resource use of the G7 are not
being followed by the Global South. The G7 with one-fifth the population was
consuming three-quarters of global resources in 1950, with the U.S.

• With global cooperation itself in danger, three initiatives are suggested. First, BRICS
and partner countries should take the strategic leap for an alternate sustainability
forum to support each other in the urban energy transition.
Content.

• Second, the UN Climate negotiations should be limited to reviewing emissions

reductions in the G7 and grants in the $300 billion to the most vulnerable —
Small Island States and Least Developed Countries.

• Third, international fora should be seen as what they are: annual stocktaking
that helps the world assess its position and decide course-correction
accordingly. The World Trade Organization with its dysfunctional dispute
settlement could also be allowed to wither away.

• The BRICS playing a bridging role in the new multilateralism will entitle them to
their rightful place in the UN Security Council.
Content.

• On January 6, Tamil Nadu Governor R.N. Ravi left the Legislative Assembly without
delivering the customary address on the opening day of the first session of the year
complaining that the National Anthem was not played before his scheduled address. Last
year too, he had refused to read out his address.

• The Raj Bhavan has alleged “the Constitution of Bharat and the National Anthem were
once again insulted in the Tamil Nadu Assembly”.

• It said respecting the National Anthem is among the first fundamental duties enshrined in
our Constitution.

• It is sung in all the State legislatures at the beginning and at the end of the Governor’s
address.

• Not to be a party to such “brazen disrespect to the Constitution and the National
Anthem,” the Governor left the House.
Content.

• As per convention, the State anthem — ‘Tamil Thai Vazhthu’ — is played at the
beginning of the Governor’s address. The National Anthem is played at the end of the
address.

• Each House follows its own convention. For instance, in Nagaland, the national anthem
was not played at all for several decades. It was played for the first time in February
2021 when R.N. Ravi was the Governor of the northeastern State. Likewise, it was only
in March 2018, that the national Anthem was played for the first time in the Tripura
Assembly.

• Section 51 (A) (a) of the Constitution of India dealing with fundamental duties, says, “It
shall be the duty of every citizen of India to abide by the Constitution and respect its
ideals and institutions, the national flag and the national anthem.”
Fact

• When the President reaches his seat on the dais, a band installed in the lobby of
the central hall to the right of the President, plays the National Anthem.

• The President then reads the printed address, in Hindi or English, followed by a
reading of the address in another version if necessary, by the Chairman of the
Rajya Sabha.

• After the conclusion of the address, the President rises in his seat, followed by
the members and visitors in the galleries, when the National Anthem is played
again.

• The President, thereafter, leaves the central hall in a procession.

Fact

• The full version of the National Anthem shall be played on the following occasions — during civil
and military investitures; when the national salute is given in accompaniment with the National
Anthem to the President or to the Governor/Lieutenant Governor during ceremonial occasions
within their respective States/ Union Territories; during parades; on arrival of the President at
formal State functions and other functions organised by the Government and on his departure
from such functions; immediately before and after the President addresses the nation over All
India Radio; on arrival of the Governor/Lieutenant Governor at formal State functions within his
State/Union Territory and on his departure from such functions; when the National Flag is
brought on parade; when the regimental colours are presented; and for the hoisting of colours in
the Navy.

• The full version of the anthem shall be played accompanied by mass singing on the following
occasions — on the unfurling of the National Flag, on cultural occasions or ceremonial functions
other than parades; and on the arrival of the President at any government or public function
(excluding formal State functions) and also immediately before his departure from such
functions.
Fact

• On January 29, 2019, the Prime Minister, Tamil Nadu Governor and Chief Minister had
participated at a function in Madurai for laying the foundation stone for an AIIMS
building. The national anthem as well as ‘Tamil Thai Vaazhthu’ were not played at this
function.

• Objecting to this, a woman had moved the Madras High Court seeking a direction to
the Ministry of Information and Broadcasting to frame the rules for imposing
punishment, and also to take action against the Chief Secretary for disobedience in not
playing the National Anthem.

• The court pointed out that a bare reading of her representation made it abundantly
clear that when the petitioner herself has stated that there is no mandate for the
National Anthem to be sung, and is only a customary practice, mandamus sought
against the respondents, cannot be issued. The court dismissed her petition.
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