Health Insurance Policy
Health Insurance Policy Rashtriya Swastiya Bima Yojana (RSBY) An insurance policy of the government that targets lower-class workers, street vendors, disabled and senior citizens in India. All stakeholders under RSBY have a lot to gain: Government – Health of its citizenry, Demographic Dividend Private insurance companies – Premium through increased coverage Hospitals- Patients to provide service Public – Health benefit . Features Low Premium: Health insurance is provided at frivolous rate of 30 rupees annually Mandatory Hospitalization: A patient must get hospitalised to avail benefits under RSBY Vulnerable Sections: Targeting senior citizens, street vendors and differently abled Freedom of Choice: Patients can avail services from any hospital- private or public using RSBY Limit of 30k as insurance Criticisms Mandatory Hospitalization: 70% of India’s OOPE is on outpatient care while RSBY addresses affordability on the inpatient hospitalization part Poor Quality: The failure of RSBY in states like Bihar with huge health infrastructure deficit and its success in Kerala illustrates that a good health infrastructure is a pre-requisite for RSBY’s success Low insured amount: RSBY provides for only 30,000 Rs insurance coverage which is considerably low considering the expenses incurred in tertiary hospitals for specialised diseases – CVD, cancer etc. Nexus between hospitals and insurance companies False diagnosis and other unethical practices of private companies Evaluation RSBY has been largely unsuccessful in reaching its coverage targets or reducing OoPE significantly among the poor. Poor Targeting: Half of those enrolled in RSBY belong to the non-poor category Low Utilisation: Although coverage was substantial, the hospitalization cases that ended up using RSBY was limited Low Impact on OoPE: Payment requirements for drugs, diagnostic, inpatient and transport services have hindered the reduction of expenditure as envisaged by RSBY. Regional Disparity: RSBY performs better in states such as Kerala that have a robust healthcare delivery system Ineffective Regulation and Monitoring: RSBY has been manipulated by private health centres and insurance companies to exploit the patients through unethical practices and false diagnosis. National Health Protection Scheme Launched in the 2018 budget, the NHPS has greatly enhanced its coverage to 10 crore families for 5 lakh(per family) insurance amount. It is targeted at reducing out of pocket expenditure of vulnerable sections of society. According to world bank, 62.4% of total health expenditure in the country was out of pocket as of 2014 Features of the Scheme Funding: NHPS is a centrally sponsored scheme where funds are shared between centre and state. The NHPS is also backed by the revenue-generating power of 1% cess. High insurance amount: While the RSBY suffered from lowly insurance fixed at 30k, the NHPS has stepped up the insurance covered for hospitalization to 1 Lakh. Greater Coverage: The NHPS aims to cover 40-50 crore individuals in vulnerable sections of the population and is thus mandated as the largest healthcare scheme in the world Issues in the NHPS Centralized Scheme: The NHPS is introduced as a centrally sponsored scheme but the role, consent or the fiscal capability of the states are not clearly elicited or evaluated by the centre. Many states like Odisha and Kerala have expressed non-willingness to join the scheme Ignorance of Primary Healthcare: The NHPS is an addition to the many insurance schemes that focus solely on secondary and tertiary health care expenses. The poorest in India continued to be plagued by diseases that need treatment at the primary level. Privatization of Healthcare: NHPS creates an insurance-driven culture of healthcare that may lead to private sector domination in the healthcare system. This entails concerns of regional disparity, commercialization of healthcare and neglected diseases and sections High Fiscal Burden: NHPS is the largest health insurance scheme in the world. Providing insurance for 50 lakh people poses a huge financial challenge to the state given its FRBM commitments Way Forward Primary Health Insurance: India should emulate the examples of Thailand (30 Baht scheme) and Indonesia (social health insurance) in strengthening its primary health care system for achieving universal coverage Basic Health Infrastructure: The health insurance schemes can realize their benefits only when backed by adequate infrastructure as illustrated by the success of RSBY in Kerala. The public expenditure needs to be increased by at least 2% of the GDP. Careful Design and Regulation of Private Sector: The insurance company-private healthcare nexus needs to be avoided by the state. An independent regulator can be put in place for the same Public Health Insurance Model: India may adopt the K model of public health insurance rather than the American model of private health insurance Customized Model: Health being a state subject and each state has a different set of problems, a one-size-fits-all policy is unwanted. A customized model of NHPS can be introduced to protect federal interests Conclusion NHPS is an illustration of the government’s commitment towards Health for All. However, such an ambitious initiative needs to be state-led and state-owned with participation across governments and healthcare systems to achieve convergence with the SDG of achieving universal health coverage. Challenges of Ayushman Bharat Initiative Fiscal Burden: Government would need to significantly raise its expenditure on health to at least 4% of the GDP to ensure the implementation of the programme Lack of HR expertise: According to the MoHFW’s manpower statistics, there is a shortage of more than 8000 doctor vacancies in the primary sector. Unless these equations are corrected, India’s dream of 1.5 lakh health and wellness centres would remain futile Infrastructure Shortage: Indian hospitals may not be able to accommodate the rising demands of health care on the back of the Ayushman Health programme. The bed to population ratio needs to be raised to 1.7 per 1000 from 0.9 according to FICCI-EY report Cooperative Federalism: The states need to contribute 40% of the funds as per the programme and Health is a state subject. Great synergy is required to be developed between existing state health insurance schemes and RSBY to NHPS Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. Join now
What is The Epidemic Diseases Act, 1897
Epidemic Diseases Act Following the 2019–20 coronavirus pandemic the Cabinet Secretary of India on 11 March 2020 announced that all states and UTs should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897. What is The Epidemic Diseases Act, 1897 The Epidemic Diseases Act, 1897 is a law which was first enacted to tackle bubonic plague in Bombay state in former British India. The law is meant for containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease. The Act has been routinely used to contain various diseases in India such as swine flu, cholera, malaria and dengue. In 2018 the Act was enforced as cholera began to spread in a region of Gujarat. In 2015, it was used to deal with dengue and malaria in Chandigarh and in 2009 it was invoked in Pune to combat swine flu. Currently, it is being used to control the spread of COVID 19 (novel CoronaVirus) On March 11, the central government had asked states and Union territories to invoke the Epidemic Diseases Act, 1897 to ensure that the advisories from the Union Health ministry can be enforced in places affected by the COVID-19 outbreak. The Maharashtra government enforced the Act on the midnight of March 13. The Act, among other things, states that any person violating the orders of the government will be punished under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code. It also gives legal protection to officials who are implementing it. Connection with Modern Indian History: To control the spread of the disease, special powers were needed and the British rulers enacted the law giving extraordinary powers to officials. A Special Plague Committees was established with ICS officer WC Rand as its head. No one will disagree that among common people, hygiene was an issue. While the law was a necessity, but the way British officers and soldiers implemented the Act was brutal and inhuman at times. In spite of voices raised at the time by people, including Lokmanya Bal Gangadhar Tilak, the practice continued. The anger among people led to Chapekar brothers assassinating Rand. There can be different opinions about whether what Chapekar brothers did was right or wrong. It certainly was an expression of a populace living under a foreign rule.” On the night of June 22, 1897, three Chapekar brothers — Damodar, Balkrushna and Vasudeo — shot at Rand after he was returning along with his military escort from the celebration of Diamond Jubilee of the coronation of Queen Victoria. The celebrations were held on the campus of government house that now has Pune University campus on it and the incident had taken place on today’s Ganeshkhind Road. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Best IAS academy in Kerala, Trivandrum
Best IAS academy in Kerala, Trivandrum Civil service is not just a job but a world of unparalleled opportunities and experiences. Rightly so, it takes persistent hard work in the right direction with unwavering motivation to be a civil servant. The competition is immense, the syllabus is plenty and each step should be carefully planned. One can surely tread this path on their own. But the productive boost, an institute like CIVILS360 IAS ACADEMY can add to your preparation is immense. Our seasoned mentors with their rich experience can help you adapt to the exam requirements in the shortest time. Its no coincidence that in the few years since inception we have produced unparalleled results in every stage of the exam. All our faculties are chosen after a rigorous selection process and only those with very high marks in their respective subject in the actual civil service exam are given teaching offers. We ensure their 24*7 assistance to help students for seamless preparation. It’s one of the many factors that make CIVILS360 a class apart from the rest. When most of the institutes are grappling with the corona crisis and trying to finish the due portions, CIVILS360 IAS ACADEMY had completed the classes of prelims cum mains batch well in advance and had already started the revision classes. Watch Classes on Youtube Click Here It’s not just the reflection of our exemplary professionalism but the extra mile we walk to honour the trust you have on us. The integrated teaching approach of CIVILS360 IAS ACADEMY that provides comprehensive coverage for all three phases of this exam makes it the best coaching institute in Kerala. A huge number of civil service aspirants flocking to Trivandrum every year seeking our help is not just a reflection of our professionalism but the commitment and dedication of our whole staff which makes us the best IAS academy not just in Trivandrum but in the whole Kerala. Civils360 IAS ACADEMY is the only institute in Kerala, and perhaps in India that provides personal feedback to every student after each test. This is one of the many reasons CIVILS360’s PRELIMSURE and MAINSURE test series are the best and most sought after test series in India. Try Free Prelims Daily Test Here If you are looking for the Best Civil Service academy for your preparations look no further.CIVILS360 IAS ACADEMY with its offline centre at Trivandrum can provide you with the best coaching that can equip you to crack this exam in less that one year. Our dedication to students doesn’t end with casual classes.Its extended to providing personal mentorship,24*7 assistance, periodic improvement appraisal and every helps that will prepare you to crack this exam in the first attempt itself. Addressing the needs of this exam in its wholeness is what makes CIVILS360 the best IAS academy not just in Trivandrum but in whole Kerala. Admission Started for Comprehensive Prelims cum Mains Batch 2022 Address Civils360 IAS AcademyKarunalayam Lane, G.H RoadPalayam, TrivandrumEmail enquiry@civilscopy.adsomia.inCall 8138 000 360 Contact Us Now Name *Email *Mobile Number *SubjectComment or Message *Send Message Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
What is Vande Bharat mission?
What is Vande Bharat mission? Vande Bharat mission is the massive repatriation operation planned by the Indian government to bring back stranded Indians in different parts of the world in the wake of the coronavirus crisis. In the first phase that started on May 7, more than 60 “non-scheduled, commercial” flights will operate from about 12 countries to bring back 15,000 citizens. The second phase of the Vande Bharat mission in the third week of May is expected to cover European nations. Citizens in distress will be brought back on commercial aircraft and naval ships based on lists prepared by India’s embassies. The Navy has named its evacuation effort ‘Operation Samudra Setu’. Indian Navy’s INS Jalashwa and INS Magar are operating to bring back Indian citizens from the Maldives while INS Shardul and INS Airavat set sail to the UAE. Air India and its subsidiary Air India Express will operate 64 flights to bring back stranded Indians from 12 countries. The passengers have to pay the cost of travel. Criteria for passengers: Those who fit the parameters include people facing deportation, migrant workers who have been laid off, short-term visa holders, people with medical emergencies, pregnant women, elderly persons, a person who has lost a near one, tourists and students whose colleges and hostels are shut. Read Also Global Energy Transition Index Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Virtual court
What is Virtual Court In the wake of Coronavirus pandemic, the supreme court has passed direction for all courts across the country to extensively use video conference for a judicial proceeding It will not only reduce cost but also lead to speedy disposal of cases The supreme court exercised it’s plenary power under article 142 to direct all high court to frame a mechanism for use of technology during a pandemic The supreme court is moving technological advancement for its functioning and is conducting hearings through video conference since March 25 ,to maintain. Social distancing Virtual court is a concept aimed at eliminating the presence of litigants or lawyers in the court and adjudication of cases online A virtual court means a location in which matters of law are adjudicated upon,in the presence of qualified judges and which has a well developed technical infrastructure OBJECTIVE To develop install and implement a decision support system in court To automate the process to provide transparency and accountability of information to its stakeholders To enhance judicial productivity both quantitatively and qualitatively,to make the court system affordable accessible and cost-effective Videos for UPSC Preparation Check Now ADVANTAGES It will ensure easy access to justice, an affordable court for all sections of society The productivity of court will increase substantially and long wait at the courtroom will become an exception than a norm If these facilities are extended to civil cases the efficiency will double CHALLENGES The virtual court will also prove to be cost intensive because setting up of state of the art e court will require the deployment of new-age technology Hacking and cybersecurity will be huge concern Change can erupt due to insufficient infrastructure and non-availability of electricity and internet connection WAY FORWARD To address the challenge the first and foremost step is to draw up a policy for encouraging the setting up of e-court Another important step is the need to upgrade the present state of infrastructure.The government need to identify and develop infrastructure that would be required to support virtual court programme For admission and contact click here Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Pradhan Mantri Matsya Sampada Yojana(PMMSY)
Pradhan Mantri Matsya Sampada Yojana(PMMSY) The Finance Minister Nirmala Sitharaman reported Rs 20,000 Crore Scheme, under Pradhan Mantri Matsya Sampada Yojana. It is to address basic framework holes for the fisheries area. This uplifting news comes as a piece of the third tranche of financial changes. It is a scheme to bring about Blue Revolution through sustainable and responsible development of the fisheries sector in India” with the highest ever investment of Rs. 20050 crores in fisheries sector comprising of Central share of Rs. 9407 crore, State share of Rs 4880 crore and Beneficiaries contribution of Rs. 5763 crore. PMMSY will be implemented over a period of 5 years from FY 2020-21 to FY 2024-25 in all States/Union Territories. Aims and objectives of Pradhan Mantri Matsya Sampada Yojana PMMSY Harnessing of fisheries potential in a sustainable, responsible, inclusive and equitable manner Enhancing of fish production and productivity through expansion, intensification, diversification and productive utilization of land and water Modernizing and strengthening of value chain – post-harvest management and quality improvement Doubling fishers and fish farmers incomes and generation of employment Enhancing contribution to Agriculture GVA and exports Social, physical and economic security for fishers and fish farmers Robust fisheries management and regulatory framework Current Scenario of the Fisheries Sector in India: The sector provides livelihood to more than 20 million fishers and fish farmers at the primary level and twice the number along the value chain. Fish being an affordable and rich source of animal protein is one of the healthiest options to mitigate hunger and malnutrition. The Gross Value Added (GVA) of fisheries sector in the national economy during 2018-19 stood at Rs 2,12,915 crores (current basic prices) which constituted 1.24% of the total National GVA and 7.28% share of Agricultural GVA Fisheries sector in India has shown impressive growth with an average annual growth rate of 10.88% during the year from 2014-15 to 2018-19. The export of marine products stood at 13.93 lakh metric tons and valued at Rs.46,589 crores (USD 6.73 billion) during 2018-19. Implementation Strategy of PMMSY: The PMMSY will be implemented as an umbrella scheme with two separate Components namely (a) Central Sector Scheme (CS) and (b) Centrally Sponsored Scheme (CSS). Under the Central Sector Scheme Component an amount of Rs. 1720 crores has been earmarked. Under the Centrally Sponsored Scheme (CSS) Component, an investment of Rs. 18330 crores has been envisaged, which in turn is segregated into Non-beneficiary oriented and Beneficiary orientated sub-components/activities under the following three broad heads: Enhancement of Production and Productivity Infrastructure and Post-harvest Management Fisheries Management and Regulatory Framework Read Also Pradhan Mantri KISAN Samman Nidhi Majority of the activities under the Scheme would be implemented with active participation of States/UTs. This inter-alia includes creation of State Programme Units in all States/UTs & District Programme Units and Sub-District Programme Unit in high fisheries potential districts. Cluster or area-based approach’ would be followed with requisite forward and backward linkages and end to end solutions. Suitable linkages and convergence will be fostered with other centre and state government schemes wherever feasible. Thrust will be given for infusing new and emerging technologies like Re-circulatory Aquaculture Systems, Biofloc, Aquaponics, Cage Cultivation to enhance production and productivity, quality, productive utilization of waste lands and water for Aquaculture. Special focus on Coldwater fisheries development and expansion of Aquaculture in Brackish Water and Saline Areas. PMMSY envisages promotion of high value species, establishing a national network of Brood Banks for all commercially important species, Genetic improvement and establishing Nucleus Breeding Center for self-reliance in Shrimp Brood stock, organic aquaculture promotion and certification, good aquaculture practices, end to end traceability from ‘catch to consumer’, use of Block Chain Technology, Global Standards and Certification, Accreditation of Brood banks, Hatcheries, Farms, residues issues and aquatic health management supported by a modern laboratory network Focused attention would be given for fisheries development in Jammu and Kashmir, Ladakh, Islands, Northeast, and Aspirational Districts through area specific development plans. Aquaparks as the hub of fisheries and aquaculture activities with assured, affordable, quality inputs under one roof, post-harvest infrastructure facilities, business enterprise zones, logistic support, business incubation centres, marketing facilities etc. Private sector participation, development of entrepreneurship, business models, promotion of ease of doing business, innovations and innovative project activities including start-ups, incubators etc. in the fisheries sector. Read Also Fasal Rahat Yojana https://www.youtube.com/watch?v=lWFfwVaqdyw Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Locust attack in India
Locust problem The Desert Locust is a trans-boundary pest which can cause irreparable damages, affecting about 60 countries, mainly India, Pakistan, Afghanistan, Arabia, Persia, Iraq and Africa. It is known to migrate in swarms from one country to another leaving behind famine. Adult locust swarms can fly up to 150 km (93 miles) a day with the wind and adult insects can consume roughly their own weight of fresh food per day. A very small swarm eats about as much food as 35,000 people eat in a day. Indian Agriculture is highly prone to Desert Locust. Usually, the locust swarms enter the Scheduled Desert Area of India through Pakistan for summer breeding in the month of June/July with the advent of monsoon. This year, however, the incursions of locust hoppers and pink swarms have been reported much earlier because of the presence of a residual population of Locusts in Pakistan (uncontrolled from last season). Locust control measures Locust Warning Organisation(LWO), set up in the 1900s during British rule and improved upon by successive governments. LWO is responsible for monitoring, survey and control of Desert Locust in Scheduled Desert Areas mainly in the States of Rajasthan and Gujarat. Directorate of Plant Protection, Quarantine and Storage, prepares a contingency plan for locust control. FAO’s Locust Control Initiative aims to monitor the world-wide locust situation and keep affected countries and donors informed of expected developments. Locust bulletin and risk map are part of the initiative. Regular surveys to provide early warning and contingency planning to allow early and effective response before the situation becomes out of control Aerial pesticide spraying, now using drones and manual spraying Using ducks as biopesticides. A duck on average eats about 200 locusts a day. Read Also KVIC’s Honey Mission All countries affected by desert locust generally adopt a preventive control strategy for the management of desert locust in order to reduce the frequency, duration and intensity of plagues. India has previous experience of successfully managing locust attack. https://www.youtube.com/watch?v=Hd3sfp9-5ug Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Central Administrative Tribunal
Central Administrative Tribunal 18th bench inaugurated @ UT of Jammu and Ladakh. Central Administrative Tribunal (CAT) are constitutional body established under article 323-A of the Indian constitution. The principal bench is in Delhi and there are 18 Benches ( including a newly created bench in UT of Jammu and Ladakh) and 21 Circuit Benches in the Central Administrative Tribunal all over India. Its main function includes adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government. CAT is guided by the principle of natural justice and not bound by civil procedure code. Administrative Tribunals deal exclusively with service matters would go a long way in not only reducing the burden of the various Courts but also allow speedy disposal of case and grievance redressal. By virtue of specialised knowledge and expertise of judicial and administrative members are better equipped in dispensing speedy and effective justice. The quasi-judicial body, however, violates the principle of separation of judiciary from the executive. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Amendment to Essential commodities act,1955
Amendment to Essential commodities act,1955 The Essential Commodities Act (ECA) was enacted by the Central Government in 1955 to control and regulate trade and prices of commodities declared essential under the Act. The Act empowers the Central and state governments concurrently to control production, supply and distribution of certain commodities in view of rising prices. The act was intended to prevent hoarding, black marketing that create artificial scarcity and profiteering. The act covers commodities such as petroleum products, drugs& medicines, food items, fertilisers, jute and textiles. While India has become surplus in most agri-commodities, essential commodities Act act as barrier for farmers. They have been unable to get better prices due to lack of investment in cold storage, processing and export as the entrepreneurial spirit gets dampened due to hanging sword of Essential Commodities Act With this amendment to the six-a-and-half decade old Essential Commodities Act that deregulates food items, including cereals, pulses and onion, from list of essential commodities, will transform the farm sector and help raise farmers’ income This will remove fears of private investors of excessive regulatory interference. Read Also Rare earth elements The Farming Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020 At present farmers have restrictions on where to sell and whom to sell the agriculture produce. He can sell his products in identified Mandi’s only. This subject farmers to exploitation by intermediaries and hinder better price realisation by farmers. The Farming Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020 aims to open up agricultural marketing outside notified mandis under state agricultural produce marketing legislations for farmers, and also remove barriers to inter-State trade. This will help create an ecosystem where farmers and traders can enjoy freedom of choice of sale and purchase of agri-produce. It also proposes an electronic trading in transaction platform for ensuring a seamless trade electronically Creation of additional trading opportunities help farmers get remunerative prices due to additional competition. It will certainly pave the way for creating ‘One India, One Agriculture Market’ The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Ordinance, 2020 It can be called contract farming ordinance At if a farmer produce high value crop, which do not have assured market, he have to shoulder the total risk of crop production + finding buyer for the produce.This ordinance allows the farmer to benefit from a high value product by transferring the risk to the corporate purchaser, who will buy the produce at a fixed rate. It provides a framework for the protection and empowerment of farmers with reference to the sale and purchase of farm products. The provisions of the Ordinance will override all state APMC laws. The Ordinance provides for a farming agreement prior to the production or rearing of any farm produce, aimed at facilitating farmers in selling farm produces to sponsors. Ordinance will empower farmers for engaging with processors, aggregators, large retailers, exporters etc, on a level playing field without any fear of exploitation. It will act as a catalyst to attract private sector investment for building supply chains for supply of Indian farm produce to global markets. Farmers will get access to technology and advice for high value agriculture and get ready market for such produce. It will also enable farmers to engage in direct marketing, thereby eliminating intermediaries and resulting in full realization of price. Farmers have been provided adequate protection and effective dispute resolution mechanism has been provided for with clear time lines for redressal, Read Also WTO Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Structure, Organization and Functioning of Judiciary
Structure, Organization and Functioning of Judiciary Promotion of Judges On October 12, the SC opined that advocating cases pro-bono shall be a parameter for evaluation in cases of promotion to senior advocate level. Integrity, conduct, reputation and number of reported judgements in which advocates have appeared would be factored in by a committee which would recommend any advocate for post of senior advocate The Union Government has given its consent to the same and opined that any advocate should have fought a certain minimum number of cases pro bono to be qualified for elevation to post of senior advocate. Judges to high courts are appointed by a collegium made up of top 5 judges of the apex court and Law ministry only has to give its concurrence Appointments of Judges in SC and HC Current Procedure There exists a collegium system of judges including the Chief Justice of India and 4 senior most judges of the SC which recommend appointments and transfer of judges. The Collegium is system is not prescribed anywhere in the constitution and is a judicial invention. The HC Chief Justice is appointed by the president on the recommendation of the Chief Justice of India and the Governor of the State. The other judges of a high court were initially appointed by the president on recommendation of Chief Justice of high court and Governor; later CJI’s recommendation powers were also included and made binding. National Judicial Appointments Commission (NJAC) The 99th constitutional amendment act was implemented to set up an NJA commission, a constitutional body, consisting of the Chief Justice of India, two senior-most judges of the SC, the law minister and two eminent persons to replace the existing collegium system. The 2 eminent personalities would be selected for a 3-year term by a committee consisting of CJI, Prime Minister and Leader of Opposition in the Lok Sabha. They are not eligible for re-nomination. Why NJAC over Collegium? Better Balance of Power: NJAC was envisioned to provide civil society and politicians a voice in the appointment of judges. The collegium system being a part of judiciary itself was not visibly accountable in the appointment process with the judiciary itself being its own sole determinant. It was argued that the collegium created an empire within the empire and lacked much needed transparency that was necessary to garner requisite public faith and confidence. The NJAC was hence envisioned to provide a better balance of power between the executive and judiciary by increasing non-judicial representation in appointment commission Read Notes by Ravisankar Sarma Features of NJAC The CJI and the 2 SC judges can veto any name proposed to them for appointments to a judicial post and once rejected the proposal cannot be revived. However, the judges need the support of other members of the NJAC to push their own proposal through NJAC was struck down by the SC on the ground of being unconstitutional Why NJAC was struck down? Affects Independence of judiciary: The NJAC act was struck down because the SC found it unconstitutional as it compromised on the independence of the judiciary by providing non-judicial members stake in judicial appointments. The primacy of Judiciary: It was deemed to be a violation of the basic structure of the constitution and hence the court argued that the current procedure could not be removed through a constitutional amendment act as the primacy of judiciary is a part of basic structure of the constitution. On October 3, SC published a resolution promising to hereafter make public its various decisions regarding the elevation of judges to SC and HC and transfers of judges between High courts. Such a move is thought to bring much-needed transparency to what was largely an opaque system owned and run by the judiciary itself.
