Chief Justices Need Longer Tenures
Source: THE HINDU
Syllabus context: GS II Governance and Constitution
An Institutional Imperative
In September 2024, Chief Justices were appointed to eight High Courts across India, marking a significant development in the judiciary’s functioning. However, the fact that most of them, except one, have short tenures highlights a persistent problem within the judicial system. This issue, if left unaddressed, has profound implications for the effectiveness and stability of the judiciary, especially at the High Court level.
The Issue of Short Tenures
Short tenures undermine the role of the Chief Justice, who is pivotal in maintaining the institution’s health and addressing its multifaceted demands. For instance:
- Justice Rajiv Shakdher retired after just 24 days as Chief Justice of the Himachal Pradesh High Court.
- Justice Tashi Rabstan, Chief Justice of the High Court of Jammu and Kashmir and Ladakh, will serve for six months.
- Justice Suresh Kumar Kait (Madhya Pradesh) and Justice K.R. Shriram (Madras) will have tenures of about eight months and one year, respectively.
In contrast, Justice M.S. Ramachandra Rao, appointed as Chief Justice of the Jharkhand High Court, is an exception, with a relatively longer tenure of about four years.
The tasks assigned to Chief Justices are vast and complex, ranging from administrative duties to judicial functions. These include:
- Recommending names for judgeships.
- Managing High Court staff welfare and disciplinary actions.
- Addressing the financial health of the court.
- Engaging with the legal fraternity through seminars, bar associations, and councils.
- Supervising legal education in the state.
Given the diversity and scale of High Courts across India, Chief Justices need time to understand the unique requirements of each institution. Short tenures hinder this process, leaving little room for institutional reforms or innovative practices.
Historical Context: A Contrast with the Past
The current trend of short tenures marks a stark departure from the British era, when Chief Justices had significantly longer tenures, allowing for continuity and stability.
- From 1862 to 1947, the Madras High Court had only 11 Chief Justices, with an average tenure of about eight years.
- Post-independence, the average tenure dropped sharply. Between 1947 and 2012, the Madras High Court had 24 Chief Justices, with an average tenure of merely 2.75 years.
This decline in tenure duration is concerning, especially as the responsibilities and challenges of Chief Justices have only increased over time.
Implications of Short Tenures
- Institutional Inefficiency: Short tenures leave little time for Chief Justices to fully understand their institutions’ requirements, let alone introduce systemic reforms.
- Lack of Continuity: Frequent changes in leadership disrupt administrative and judicial processes, undermining long-term goals.
- Reform Challenges: Structural issues such as pendency, case backlog, and judicial vacancies require sustained leadership, which short tenures fail to provide.
Justice L. Nageswara Rao of the Supreme Court, during his farewell in 2022, aptly remarked that it takes 1.5 to 2 years for a Chief Justice to understand the court’s functioning. By the time they settle in, many are on the verge of retirement.
Lessons from the Past and the Way Forward
The judiciary can draw lessons from the colonial era, where longer tenures ensured stability and allowed Chief Justices to address institutional challenges comprehensively. However, replicating this model in the modern era requires systemic changes.
- Judicial Appointments: The Collegium system and the Union government need to prioritize appointing Chief Justices with longer tenures.
- Stakeholder Collaboration: Deliberations involving the judiciary, executive, and the Bar are essential to evolve a sustainable solution.
- Policy Reforms: Introducing measures to ensure minimum tenures for Chief Justices can provide the stability needed for reforms and innovations.
Conclusion
The judiciary forms the backbone of India’s democratic framework, and its effectiveness is critical for maintaining the rule of law. Addressing the issue of short tenures for Chief Justices is not just a matter of administrative convenience but a necessity for the judiciary’s institutional integrity and efficiency. Without urgent action, the system risks stagnation, compromising the delivery of justice. A concerted effort by all stakeholders is essential to resolve this challenge and ensure that the judiciary remains a robust and effective pillar of democracy.
Climate impact of exploring space passing below the radar
Source: The Hindu
Syllabus context : GS III Science and Technology, Climate change
Climate Impact of Exploring Space: A Growing Concern
Space exploration has become indispensable for critical functions such as climate monitoring, disaster management, and global communications. However, the environmental costs associated with these activities are often overlooked. From emissions during rocket launches to the accumulation of orbital debris, the environmental impact of space exploration requires urgent attention, especially as the sector grows with increasing private and governmental participation.
Environmental Costs of Space Activities
1. Impact of Rocket Launches
Rocket launches release carbon dioxide, black carbon, and water vapour into the atmosphere, exacerbating global warming.
- Black Carbon: Absorbs sunlight 500 times more effectively than carbon dioxide, intensifying warming effects.
- Ozone Depletion: Chlorine-based rocket propellants deplete the ozone layer, increasing ultraviolet radiation exposure and disrupting atmospheric circulation.
- Satellite Ash: Satellites burning up on re-entry release metallic ash into the middle atmosphere, potentially altering climatic patterns.
2. Energy-Intensive Satellite Manufacturing
The production of satellites involves energy-intensive processes, utilizing metals and composite materials with significant carbon footprints. Additionally, propulsion systems used by satellites in orbit contribute further emissions.
3. Future Implications of Space Mining
Emerging activities like space mining—extracting valuable minerals from asteroids—could escalate industrial activities both in space and on Earth, increasing emissions and resource exploitation.
The Challenge of Orbital Debris
Orbital debris, or space junk, refers to defunct satellites, spent rocket stages, and fragments from satellite collisions.
- Scale of the Problem: As of September 2024, 13,230 satellites remain in space, of which 10,200 are operational. Around 36,860 objects have been catalogued, with a total mass exceeding 13,000 tonnes.
- Collision Risks: Space junk travels at speeds of up to 29 km/s, and even a small fragment can cause catastrophic damage to active satellites.
- Data Interference: Space debris disrupts climate monitoring and disaster management by interfering with radio waves and satellite functions.
Human-Crewed Missions
Orbital debris also poses significant risks to human-crewed missions, such as the International Space Station, which frequently maneuvers to avoid collisions.
Barriers to Space Sustainability
The lack of international regulations on space activities is a major challenge. Unlike terrestrial environmental issues, space activities fall outside sustainability instruments like the Paris Agreement.
1. Regulatory Gaps
- Current frameworks, such as the Outer Space Treaty, lack binding provisions on emissions and debris management.
- Overcrowding in low Earth orbit (LEO) increases mission costs and limits equitable access to space as a shared global resource.
2. Technological and Financial Hurdles
- Reusable Rockets: Though environmentally beneficial, reusable rockets are heavier, requiring more fuel.
- Clean Fuels: Alternatives like liquid hydrogen and cryogenic fuels are either expensive or reliant on non-renewable energy.
- Biodegradable Satellites: These lack the durability needed for harsh space conditions and have high development costs.
- Debris Removal: Autonomous debris removal technologies, such as robotic arms and lasers, are expensive and require legal clarity.
Achieving Space Sustainability
A comprehensive approach is required to balance technological advancements with environmental responsibility.
1. Technological Innovations
- Reusable Rockets: Scaling up reusable launch systems while improving fuel efficiency.
- Cleaner Propellants: Transitioning to hydrogen-based or biofuels, coupled with renewable energy production.
- Debris Removal: Expanding autonomous debris removal systems and integrating them with real-time global traffic monitoring.
- Satellite Design: Developing biodegradable satellites to reduce long-term orbital debris.
2. Policy Frameworks
- Establish binding agreements through international bodies like COPUOS to regulate emissions, debris mitigation, and data sharing.
- Align regulatory frameworks with the Outer Space Treaty to ensure responsible use of space resources.
3. Economic Incentives
- Governments can incentivize green technologies and penalize unsustainable practices.
- Public-private partnerships can prioritize funding for environmentally friendly space exploration methods.
The Way Forward
The rapid growth of space exploration necessitates global cooperation to ensure its sustainability. With binding international regulations, technological advancements, and economic incentives, humanity can mitigate the environmental costs of space activities while continuing to benefit from the immense potential of space exploration. As the intersection of technology and environmental responsibility becomes increasingly critical, the decisions made today will shape the future of space governance.
Conclusion: Space is a shared resource, and its sustainable use is vital for both humanity’s progress and the planet’s health. Collaborative efforts between nations, corporations, and global organizations are essential to achieve a balance between exploration and environmental stewardship.
Scientists Develop Novel Gene Therapy for Haemophilia
Source: The HINDU
Syllabus context: GS III Science and Technology
A Potential Breakthrough
Context:
Scientists in India have made significant progress in developing gene therapy to treat severe haemophilia A, a rare hereditary disorder that leads to spontaneous and potentially life-threatening bleeding episodes due to a defective gene that fails to produce clotting factors. Haemophilia A, caused by a deficiency of Factor VIII, affects the body’s ability to form clots, leaving patients vulnerable to uncontrolled bleeding, especially during injuries or internal bleeding.
While gene therapies have been explored globally, researchers in India have now achieved promising results in tackling this condition. The findings, published in the peer-reviewed New England Journal of Medicine (NEJM), mark a significant milestone in the search for a long-term solution.
Key Insights from the Study:
- One-Time Solution:
The treatment under study offers a one-time solution by introducing a functional gene into the body, which helps the body produce sufficient clotting factors to prevent bleeding episodes. Traditional treatments for haemophilia A require frequent injections of clotting factor concentrates, posing a substantial financial and logistical burden on patients. This novel gene therapy holds the potential to reduce or eliminate such dependency. - Promising Results from the Tamil Nadu Trial:
The clinical trial, led by Dr. Alok Srivastava of the Centre for Stem Cell Research (CSCR) at Christian Medical College, Vellore, involved just five patients. Remarkably, none of these patients reported any bleeding episodes during a follow-up period averaging 14 months. This marks a significant departure from the typical experiences of haemophilia patients, who often endure frequent bleeding events requiring ongoing treatment. - Financial and Societal Impact:
Haemophilia, though rare, remains a significant public health concern in India, with estimates suggesting that there are 40,000 to 1,00,000 patients in the country. The treatment for haemophilia has traditionally been costly, often totaling up to $300,000 (or ₹2.54 crore) over a 10-year period. The development of gene therapy could drastically reduce these costs, easing the financial burden on patients and their families, as well as improving access to care. - Support and Funding:
The trial received financial backing from the Union Department of Biotechnology, underscoring the government’s commitment to investing in cutting-edge medical research. Public sector support is crucial in advancing gene therapy for rare diseases like haemophilia, particularly in a country like India with a large patient pool.
Broader Implications:
The success of gene therapy for haemophilia A in India has far-reaching implications for other rare genetic disorders. It highlights the nation’s growing potential in contributing to global biomedical innovation, particularly in fields like regenerative medicine and genetic engineering. Moreover, this breakthrough aligns with India’s efforts to bolster its biotechnology sector, especially in addressing neglected or orphan diseases.
Challenges and the Road Ahead:
- Scaling and Access: One major challenge will be ensuring widespread access to gene therapy, given the high costs of development and manufacturing. India’s public health infrastructure will need robust mechanisms to ensure that patients across all socio-economic backgrounds can benefit from these advancements.
- Regulatory and Ethical Considerations: The introduction of gene therapy must be accompanied by stringent regulatory oversight to ensure patient safety and monitor long-term outcomes. Additionally, public awareness campaigns will be essential to dispel myths and misconceptions surrounding genetic treatments.
- Global Collaboration and Knowledge Sharing: India’s success story in gene therapy could foster greater international collaboration. Sharing research findings, clinical trials, and technological advancements can contribute to global efforts in addressing rare diseases, especially in under-resourced regions.
Conclusion:
The successful gene therapy trial for severe haemophilia A represents a critical step towards more sustainable and effective treatments for rare genetic disorders in India. As the country continues to invest in cutting-edge biomedical research, this development could pave the way for more affordable, accessible, and life-transforming therapies for millions. The focus now must be on ensuring that these innovations translate into real-world benefits for patients, helping reduce the burden of rare diseases on individuals and the healthcare system alike.
Our drive against manual scavenging will continue: SC
Source: The Hindu
Syllabus context GS II Governance and Social Justice
Supreme Court Resolves to End Manual Scavenging: A Fight for Human Dignity
Context:
The Supreme Court of India, on Wednesday, reiterated its firm resolve to eradicate the practice of manual scavenging and hazardous manual cleaning of sewers and septic tanks. Terming it a matter of human dignity, a Special Bench of Justices Sudanshu Dhulia and Aravind Kumar emphasized their commitment to ensuring compliance with its October 2023 judgment, which directed Union and State governments to take stringent measures for the eradication of these inhuman practices.
Key Developments:
- Supreme Court’s October 2023 Judgment:
- The judgment issued comprehensive directives to eliminate manual scavenging and unsafe cleaning practices across the country.
- The court termed these occupations as “inhuman” and highlighted their fatal consequences, with workers often succumbing to asphyxiation during sewer cleaning.
- It also sought robust measures to ensure the dignity, safety, and rehabilitation of manual scavengers.
- Persistent Non-Compliance:
- Justice Dhulia pointed out the failure of municipalities to eradicate hazardous cleaning practices, noting that no municipality in the country has achieved complete eradication.
- Senior advocate K. Parameshwar, acting as amicus curiae, presented recent judgments of the Delhi High Court ordering enhanced compensation for families of sewer-death victims, underlining the continuing prevalence of such tragedies, even in the national capital.
- Government Accountability:
- The court directed the Ministry of Social Justice and Empowerment to convene a meeting with States within two weeks to devise an actionable implementation plan for the October 2023 judgment.
- The court warned of contempt proceedings if governments fail to address the issue effectively.
Broader Implications:
- Constitutional and Human Rights Perspective:
- The issue of manual scavenging directly contravenes Article 21 (Right to Life and Dignity) and Article 17 (Abolition of Untouchability) of the Constitution.
- The persistence of manual scavenging reflects deep systemic inequalities and social injustices rooted in caste discrimination.
- Legislative Measures and Challenges:
- The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, bans manual scavenging and hazardous cleaning, mandating the mechanization of cleaning processes.
- Despite the legal framework, poor implementation, lack of accountability, and socio-economic vulnerabilities of marginalized communities perpetuate the practice.
- Judicial Activism and Governance:
- The Supreme Court’s intervention highlights the judiciary’s proactive role in addressing human rights violations.
- However, the onus lies on the executive to translate judicial directives into action, ensuring adequate funding, technology adoption, and capacity building to eradicate the practice.
- Socio-Economic Dimensions:
- Manual scavenging is largely confined to marginalized communities, perpetuating cycles of poverty and social exclusion.
- Sustainable rehabilitation programs, skill development, and social reintegration are critical to ensuring the well-being of those formerly engaged in such practices.
The Way Forward:
- Strengthened Implementation:
- Strict monitoring and accountability mechanisms are essential to enforce the provisions of the 2013 Act and the Supreme Court’s directives.
- Mechanization of cleaning processes must be prioritized, along with the provision of safety equipment and training for sanitation workers.
- Public Awareness and Behavioral Change:
- A nationwide campaign to address the stigma associated with manual scavenging and promote dignity for sanitation workers is crucial.
- Focus on Rehabilitation:
- Comprehensive schemes for skill development, alternative employment opportunities, and socio-economic support for manual scavengers and their families should be implemented.
Conclusion:
The Supreme Court’s unwavering stance against manual scavenging underscores the fundamental importance of dignity, equality, and justice in governance. Eradicating this practice is not merely a legal or administrative challenge but a moral imperative for India, as it seeks to uphold its constitutional values and ensure a life of dignity for all citizens. The government’s prompt action in meeting the court’s directives will be pivotal in turning this vision into reality.