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Daily Current Capsules - 17th September 2019

Focus Article
Governance/Polity/Constitution
The Collegium of Supreme Court judges

Relevance IN - Prelims (about the collegium system and cases related to it + about NJAC) + Mains (GS II structure, organisation and functioning of the judiciary)
What's the NEWS
  • The recent controversy over the transfer of the Chief Justice of the Madras High Court, Justice Vijaya Kamlesh Tahilramani, to the Meghalaya High Court has once again brought to the fore a long-standing debate on the functioning of the ‘Collegium' of judges that makes appointments and transfers in the higher judiciary.
Know! all about the Collegium system
  • The Collegium of judges is the 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 After some judges were superseded in the appointment of the Chief Justice of India in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country, there was a perception that the independence of the judiciary was under threat.
This resulted in a series of cases over the years.
The ‘First Judges Case' (1981)
  • It 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.
The Second Judges Case (1993)
  • This case 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.
The 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 Fourth Judge Case (2015)
  • When the Constitution was altered, through the 99th constitutional amendment, and when the collegium was sought to be replaced by the National Judicial Appointments Commission - a body comprising members of the judiciary, the executive and the general public - the court swiftly struck it down.
  • It ruled, in what we might now call the Fourth Judges Case (2015), that the primacy of the collegium was a part of the Constitution's basic structure, and this power could not, therefore, be removed even through a constitutional amendment.

Know! the collegium procedure
  • 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 Prime Minister who, in turn, advises the Presiden
  • 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.
  • The Chief Justice of High Courts is 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.
Know! about the transfer of judges
  • 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".
Criticism of Collegium system
  • Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
  • The process may on occasions, make wrong appointments and, worse still, lend itself to nepotism.
  • 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.
  • Dissenting judge, Justice J. Chelameswar, termed it "inherently illegal". Even the majority opinions admitted the need for transparency.
  • In an effort to boost transparency, the Collegium's resolutions are now posted online, but reasons are not given.
Way Forward
  • The need of the hour is the Judiciary should improve transparency by bringing the long pending MoP (memorandum of procedure) in the collegium system and the Executive should not interfere in the matters of Judiciary
Health Sector
MDH masalas in US have tested positive for Salmonella
Relevance IN - Prelims (about Salmonella)
What's the NEWS
  • At least three lots of MDH sambar masala were recalled from retail stores in California this week after tests by the United States Food and Drug Administration (FDA) showed positive for salmonella.
Know! about Salmonella
  • Salmonella is a group of bacteria that can cause food-borne illnesses known as salmonellosis. The existence of the pathogen has been known since at least 1880, but it came to be called Salmonella from around 1900
  • According to estimates by the US Centers for Disease Control and Prevention (CDC), Salmonella causes 1.2 million illnesses, 23,000 hospitalisations and about 450 deaths in the United States every year. In a majority of these cases - roughly 1 million - food is the source of the illness.
  • Individuals who develop salmonellosis may show symptoms such as nausea, diarrhoea, fever, and abdominal cramps 12-72 hours after contracting the infection. Usually, the illness lasts for 4-7 days, and most people recover without treatment.
  • According to the CDC, children under the age of 5 are at highest risk for Salmonella infection. Older adults and people with weakened immune systems too, are likely to have severe infections.
  • Salmonella bacteria are widely distributed in domestic and wild animals. They are prevalent in food animals such as poultry, pigs, and cattle, as well as in pets, including cats, dogs, birds, and turtles.
  • The WHO says Salmonella can pass through the entire food chain from animal feed, primary production, and all the way to households or food-service establishments and institutions.
  • Salmonellosis in humans is generally contracted through the consumption of contaminated food of animal origin (mainly eggs, meat, poultry, and milk), although other foods, including green vegetables contaminated by manure, have been implicated in its transmission. Person-to-person transmission can also occur through the faecal-oral route.
International Organisations
23rd Session Of The UNWTO General Assembly For 2019 Held Saint Petersburg, Russia
Relevance IN - Prelims (about UNWTO and about the awards won by India)
What's the NEWS
  • The 23rd session of the United Nations World Tourism Organization's (UNWTO) General Assembly for 2019 was held in Saint Petersburg, Russia from September 9-13, 2019.

Know! about UNWTO
  • The World Tourism Organization (UNWTO) is the United Nations agency responsible for the promotion of responsible, sustainable and universally accessible tourism.
  • As the leading international organization in the field of tourism, UNWTO promotes tourism as a driver of economic growth, inclusive development and environmental sustainability and offers leadership and support to the sector in advancing knowledge and tourism policies worldwide.
  • UNWTO encourages the implementation of the Global Code of Ethics for Tourism, to maximize tourism's socio-economic contribution while minimizing its possible negative impacts, and is committed to promoting tourism as an instrument in achieving the Sustainable Development Goals (SDGs), geared towards reducing poverty and fostering sustainable development worldwide.
Know! the awards won by India and about India's Pavilion
5th edition of the UNWTO Awards:
  • The 15th edition of the UNWTO Awards marked the launch of the Accessible Tourism Destinations (ATD) initiative, organized by UNWTO in partnership with the Spanish NGO ONCE
  • Thrissur in Kerala, India received a special mention award as an emerging destination on the global accessible tourism market.
UNWTO Tourism Video Competition 2019
  • India's ‘Yogi of the Racetrack', a short promotional film on Yoga produced by the Union Ministry of Tourism, was conferred ‘Best Video' award 2019 for the Asia & Pacific Region.
  • Yogi of the Racetrack is a short promotional film on Yoga, which has been shot across India including the Ganges and the Himalayas.
Incredible India Pavilion
  • Incredible India Pavilion was inaugurated at INWETEX 2019 in St. Petersburg on the sidelines of the 23rd General Assembly of UNWTO. It showcased various tourism products of India including classical and folk dance.
Environment Conservation
World Ozone Day 2019

Relevance IN - Prelims ( about World ozone day + Kigali and Montreal Protocol ) + Mains ( GS III environment conservation)
What's the NEWS
  • The Ozone layer or also known as Ozone shield, a delicate layer of gas, in the Earth's stratosphere absorbs most of the Sun's ultraviolet rays. These rays can cause a numerous skin diseases. In the last few years, the ozone layer has depleted extensively.
Montreal Protocol
  • On September 16, 1987, the United Nations and 45 other countries signed the Montreal Protocol, on substances that deplete the Ozone layer. Every year this day is celebrated as the International Day for the Preservation of the Ozone layer.
  • The purpose of the Montreal Protocol is to protect the Ozone layer by reducing the production of substances that are supposed to be responsible for Ozone layer depletion.
Ozone Day theme
  • This year's theme celebrates over three decades of international cooperation to protect the Ozone layer and the climate under the Montreal Protocol.
  • Around 99 percent of ozone-depleting chemicals in refrigerators, air-cooling systems and other products have already been phased-out because of the Montreal Protocol.
  • On September 16, 2009, the Vienna Convention and the Montreal Protocol became the first treaties in the history of the United Nations to achieve universal ratification.

Kigali Amendment
  • The United Nations urges the world to support the Kigali Amendment to the Montreal Protocol. The Kigali Amendment to the Montreal Protocol is legally binding and came into force from 1 January 2019.
  • The amendment aims to phase out Hydrofluorocarbons (HFCs), a family of potent greenhouse gases by the late 2040s.
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