Editorials/Opinions Analysis For UPSC 07 January 2025

Content:

1. The Collegium and changes — it may still be early days
2. Enhancing governance the digital way

The Collegium and changes — it may still be early days

Context

The Collegium system of the Supreme Court is responsible for appointing judges to the High Courts and the Supreme Court. Recently, two important changes have been reported in the way the Collegium functions:

1. Interviews will be conducted for candidates recommended for judgeship in High Courts.
2. Relatives of sitting or former judges will be excluded from selection, wherever possible.

These steps aim to improve the process by making it more transparent and diverse. However, challenges remain, especially with government delays in approving the Collegium’s recommendations.

Relevance : GS 2(Judiciary )

Practice Question : Discuss the Collegium system of judicial appointments in India. What are the key challenges it faces, and how can these challenges be addressed?(250 Words)

Recent Changes in the Collegium’s Functioning

1. Interviews for Judicial Candidates:
   1. The Collegium plans to meet candidates before confirming their appointments as judges.
   1. This step can ensure that only the best candidates are chosen.

• Avoiding Appointments of Judges’ Relatives:
  • The Collegium aims to reduce the appointment of candidates who have close family ties to sitting or former judges.
  • This step is intended to bring more diversity to the judiciary and reduce the perception of “judicial dynasties”.

Challenges Facing the Collegium System :

Despite these changes, a major challenge is delays by the government in approving recommendations made by the Collegium.

• The government can hold back names or send them for reconsideration, which slows down the appointment process.
• Such delays affect the independence of the judiciary, as timely appointments are essential for the courts to function smoothly.

How the Collegium System Evolved :

The Collegium system was not originally mentioned in the Constitution. It was created through a series of Supreme Court judgments known as the Judges’ Cases.

How Judicial Appointments Work

The Constitution says that judges are appointed by the President after consulting the Chief Justice of India (CJI) and other judges. However, the meaning of “consultation” was debated.

In the Second Judges Case (1993), the Supreme Court clarified that “consultation” means “agreement” with the Collegium’s recommendations. The Collegium, therefore, became the final authority on judicial appointments.

The Collegium process involves:

• Recommending names for judges to the High Courts or Supreme Court.
• Transferring judges between High Courts.
• Appointing Chief Justices of High Courts.

Concerns with the Current System

Although the Collegium system gives more power to the judiciary, it faces three key challenges:

1. Lack of Clear Rules:
   1. The Collegium works without formal guidelines, making its functioning less transparent.
   1. The Memorandum of Procedure (MoP), which outlines appointment rules, is not binding.

• Government Delays:
  • The government can delay appointments by withholding approval or asking for reconsideration.
  • Even after reconsideration, the government can hold back appointments indefinitely.

• Transparency and Accountability:
  • The process is seen as opaque because the criteria for selection are not clearly disclosed.
  • Without written rules, there is uncertainty about how future Collegiums will function.

Why Judicial Independence is Important

The Constitution aims to ensure that the judiciary remains independent from the executive and legislature. Judicial independence is essential for:

• Fair and unbiased judgments.
• Protecting citizens’ rights.
• Maintaining the rule of law.

The Fourth Judges Case (2015) emphasized that the judiciary must have final authority in appointments to safeguard its independence.

Way Forward:

To improve the Collegium system, the following reforms can be considered:

Codification of Rules:

• The Collegium process should be based on clear and binding rules to improve transparency.
  • Steps like interviews should be formally included in the Memorandum of Procedure.

Government’s Role:

• The government should approve recommendations in a timely manner and avoid unexplained delays.
  • Cooperation between the executive and judiciary is essential to uphold the Constitution’s principles.

Judicial Accountability:

• The judiciary must ensure fair selection processes and diversity in appointments.

Enhancing Governance The Digital Way

Context

India has embarked on a digital transformation journey aimed at improving public service delivery and governance efficiency. Initiatives like iGOT Karmayogi, e-Office, and Government e-Marketplace (GeM) are key examples of this shift. However, challenges such as resistance to change, the digital divide, and cybersecurity risks remain significant hurdles.

Relevance : GS 2(Digital Governance )

Practice Question : Digital governance is key to improving public service delivery. Discuss the challenges in implementing digital governance in India and suggest measures to address them.(250 words)

What is Digital Governance?

Digital governance refers to the use of technology to improve government functioning, enhance service delivery, and make governance more transparent and efficient.

Key aspects include:

• Digital communication between departments.
• Automated workflows to reduce paperwork.
• Data-driven decision-making.

Digital Governance Initiatives in India

Why Digital Capacity Building is Essential

Digital governance is not just about adopting new technologies but also about ensuring that government employees are equipped to use them effectively.

Key reasons why capacity-building is crucial:

• Improved service delivery: Employees must be familiar with digital tools to handle tasks efficiently.
• Real-time communication: Digitisation promotes faster decision-making and better coordination.
• Public expectations: As citizens become more tech-savvy, they expect seamless digital interactions with the government.

Challenges in Digital Governance

1.Resistance to Change

• Many government employees are reluctant to adopt new technologies.
• Bureaucratic structures can be slow to adapt to digital transformations.
• There are varying levels of digital literacy among employees.

Solution:

• Foster a culture of innovation by providing continuous training and support.
• Offer incentives for employees to adopt digital tools.

2.Lack of Incentives

• Platforms like iGOT Karmayogi risk becoming mere attendance trackers if participation is not meaningful.
• Employees may not see tangible career benefits from completing these digital courses.

Solution:

• Align training with job opportunities to make digital learning more relevant.
• Ensure that training leads to practical applications, not just performance reviews.

3.Digital Divide

• Rural areas often lack high-speed Internet and access to digital tools.
• Without addressing this divide, a large section of government employees may be left behind.

Solution:

• Invest in digital infrastructure across rural and remote areas.
• Provide offline training materials where necessary.

4.Cybersecurity Risks

• As more government functions move online, the risk of cyberattacks and data breaches increases.
• Sensitive government data must be protected from malicious actors.

Solution:

• Train employees in cybersecurity protocols.
• Implement strict security measures to protect government databases.

Steps to Enhance Digital Governance

To make digital governance more effective, the government must take the following steps:

• Strengthen Infrastructure: Ensure that all regions have access to reliable Internet and digital tools.
• Continuous Training: Provide ongoing digital skill development to keep employees updated with the latest tools.
• Incentivise Adoption: Link digital training to career growth and job performance.
• Cybersecurity Preparedness: Make cybersecurity training mandatory for all government employees.