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22th December 2023 (10 Topics)

22th December 2023

QUIZ - 22th December 2023

5 Questions

5 Minutes

Editorials

Context:

All India Judicial Services (AJIS) is a proposed centralised recruitment system for judges at the level of additional district judges and district judges across States.

Barriers to Entry and Representation in Judiciary

  • Entrance Exam Challenges: Preparing for the central entrance exam is time-consuming, posing a barrier for diverse candidates.
  • Regional Language and Custom Barriers: Understanding customs becomes vital, making intensive language training a significant challenge for aspirants.
  • Comparison with Administrative Service: Replicating the Indian Administrative Service model in the judiciary is questioned.

Challenges of All-India Judicial Service (AIJS)

  • Vacancy Concerns: Vacancies in the judiciary and All India Services (AIS) remain high, questioning the efficiency of a centralized system.
  • Age and Career Disruption: AIJS recruits lawyer’s aged 35 to 45, disrupting established practices in their home states.
  • Attraction and Facilities: Basic facilities, especially for women judges, are lacking in positions outside metropolitan areas.

Concerns

  • Centralization and Control: High Courts and State governments may resist the centralization proposed by AIJS, challenging control over recruitment.
  • Legitimacy of 42nd Amendment: Skepticism about the 42nd Amendment's introduction and its potential violation of the Constitution's basic structure.
  • Alternative Solutions and Infrastructure: Infrastructure support is crucial to ensure judges view themselves as constitutional court judges.
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Editorials

Context:

As a concern highlighted, the CBI and the ED have absolute freedom to do what is not authorised under the judgments of the Supreme Court. The abuse of authority by the central investigating agencies and the abuse of the process of court raise questions against functioning of system.

Supreme Court's Interpretation of PMLA

  • Narrowed Application of PMLA: The Supreme Court limited the Prevention of Money Laundering Act's application to "wrongful gains" related to scheduled offenses.
  • Media Criticism of Enforcement Directorate (ED): Recent case of Pankaj Bansal vs Union of India exposed ED's lapses and drew Supreme Court criticism.
  • Judicial Clarity on PMLA: Clear declaration by the Supreme Court limits ED's authority without the existence of proceeds of crime.

Federalism Challenges

  • ED Actions in Non-Scheduled Offenses: ED's inquiry into non-scheduled offenses, like illegal sand mining, challenges federalism.
  • Judicial Oversight Criticism: High Courts permitting investigations without scheduled offenses or proceeds of crime in certain states.
  • Political Targeting: ED's selective focus on opposition-governed states raises concerns about political targeting.

Need for Safeguards

  • Erosion of Federalism: Misuse of investigative agencies undermines federalism, a fundamental aspect of India's constitution.
  • Abuse of Authority and Process: Lack of scrutiny on investigating agencies in BJP-run states contrasts with opposition-governed states.
  • Preserving Democratic Values: The need for checks on misuse of investigative agencies and judicial oversight to protect democratic values.
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Editorials

Context:

The recent increase in cases of sub variant of COVID 19 named JN.1 in India needs a sustained focus on genome sequencing for novel variants.

Characteristics of JN.1 Variant

  • Rapid Global Spread: JN.1 variant, a descendant of Omicron lineage, has spread globally, constituting over 27% of cases. Originating in Luxembourg, it carries the additional immune-evading mutation (L455S) in the spike protein.
  • Dominance and Transmissibility: JN.1 is becoming the dominant strain globally with high transmissibility. Despite increased immune evasion, no major outbreaks reported; winter season may facilitate further spread.
  • WHO Classification and Severity: Recently classified by WHO as a separate variant of interest.

Indian Scenario and Response

  • Detection and Cases in India: First JN.1 case detected in Kerala during routine surveillance; Goa reports the highest cases (19).
  • Increase in COVID-19 Cases: India witnesses a surge in COVID-19 cases in the last fortnight.
  • Surveillance and Genome Sequencing: Revised guidelines test all ILI and SARI cases for COVID-19, sequencing positive cases.

Public Health Strategies and Unity

  • Masking Recommendations: Universal masking not mandated, but high-risk individuals urged to wear masks in enclosed spaces.
  • Testing Integrity and Surveillance: Encourages unbiased testing and reporting without shaming states reporting more cases or novel variants.
  • Avoiding Communalization and Politicization: Stresses the need to avoid communalizing or politicizing public health issues.
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