21st February 2025
Topic : Reclassification of Barytes, Feldspar, Mica, and Quartz as Major Minerals
Relevance : GS Paper 3 Environmental Science
Source : The Hindu
Context :
The Ministry of Mines, through a gazette notification dated 20th February 2025, has reclassified Barytes, Feldspar, Mica, and Quartz from the category of minor minerals to major minerals. This decision aligns with the recent approval of the National Critical Mineral Mission on 29th January 2025, which aims to enhance the exploration and mining of critical minerals within India.
Significance of the Reclassification
Quartz, Feldspar, and Mica are commonly found in pegmatite rocks, which also host several critical minerals such as Beryl, Lithium, Niobium, Tantalum, Molybdenum, Tin, Titanium, and Tungsten. These critical minerals play a vital role in new-age industries, including energy transition, aerospace, healthcare, and advanced electronics. Under the minor mineral category, leaseholders primarily extracted these minerals for applications like glass and ceramic production, without reporting or extracting the associated critical minerals. This led to the loss of valuable mineral resources crucial for technological advancements.
Baryte, on the other hand, is extensively used in oil and gas drilling, electronics, rubber, ceramics, paints, radiation shielding, and medical applications. High-density concrete made from Baryte is essential for blocking X-ray emissions in hospitals and nuclear power plants. Baryte often occurs alongside ores of Antimony, Cobalt, Copper, Lead, Manganese, and Silver, making its isolated extraction impractical. Scientific mining, promoted by this reclassification, will ensure optimal utilization of these minerals.
Impact of the Decision
The Inter-Ministerial Committee on Mines & Minerals Sector, chaired by Dr. V. K. Saraswat of NITI Aayog, recommended this shift to enhance exploration and scientific mining. By categorizing these minerals as major minerals, their extraction will now come under stricter regulations, ensuring better resource utilization and higher transparency in reporting associated critical minerals.
The reclassification will not negatively impact existing mining leases. According to Section 8A of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act, 1957), the lease period for these minerals will now extend up to 50 years from the date of grant or till the completion of the renewal period, whichever is later. These mines will gradually register under the Indian Bureau of Mines (IBM), bringing them under stricter regulatory frameworks. A transition period until 30th June 2025 has been provided to facilitate this shift. Importantly, state governments will continue to receive revenue from these mines as before.
Understanding the MMDR Act, 1957
The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is the principal legislation governing the mining sector in India. It provides guidelines for the grant of mining leases, royalty payments, environmental considerations, and scientific mining practices.
Key Provisions of the MMDR Act, 1957
- Classification of Minerals: The Act categorizes minerals into major and minor minerals. Major minerals include valuable and strategically important minerals such as iron ore, coal, and bauxite, whereas minor minerals generally include construction materials like sand, gravel, and stones.
- Mining Leases and Renewals: The Act originally allowed mining leases for up to 30 years, with a renewal option. However, the 2015 amendment extended the lease period to 50 years, aligning with the recent reclassification of Barytes, Feldspar, Mica, and Quartz.
- Auction-Based Allocation: The 2015 amendment made auction-based allocation mandatory for major mineral leases to promote transparency and fair competition.
- Role of Indian Bureau of Mines (IBM): The IBM regulates major minerals by ensuring proper documentation, monitoring extraction, and enforcing sustainable mining practices.
- Revenue Sharing and Royalties: While state governments retain revenue from mineral extraction, major minerals come under stricter taxation and royalty structures.
Prelims Practice Question
With reference to the recent reclassification of minerals by the Ministry of Mines, consider the following statements: - Barytes, Feldspar, Mica, and Quartz have been shifted from the category of major minerals to minor minerals.
- The reclassification aligns with the objectives of the National Critical Mineral Mission.
- Under the Mines and Minerals (Development and Regulation) Act, 1957, the lease period for major minerals is generally 50 years.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3
Answer
Correct Option: (b) 2 and 3 only
Explanation:
• Statement 1 is incorrect: The minerals Barytes, Feldspar, Mica, and Quartz have been shifted from the category of minor minerals to major minerals, not the other way around.
• Statement 2 is correct: The reclassification is in line with the National Critical Mineral Mission, which aims to enhance exploration and mining of critical minerals in India.
• Statement 3 is correct: According to Section 8A of the MMDR Act, 1957, the lease period for major minerals is generally 50 years from the date of grant or till the completion of the renewal period, whichever is later.
Mains Model Question
Q. The recent reclassification of Barytes, Feldspar, Mica, and Quartz from minor to major minerals is a significant step in India’s mineral policy. Discuss the implications of this decision in the context of resource utilization, scientific mining, and regulatory oversight.
The decision to reclassify Barytes, Feldspar, Mica, and Quartz as major minerals marks a crucial shift in India’s mineral policy. This move aligns with the objectives of the National Critical Mineral Mission, which aims to enhance domestic exploration and mining of critical minerals. These minerals are often found alongside essential resources like Lithium, Niobium, and Beryl, which play a key role in industries such as renewable energy, electronics, and aerospace. When categorized as minor minerals, leaseholders primarily extracted them for industrial applications like glass and ceramics, often neglecting the associated critical minerals. This reclassification ensures that these valuable resources are scientifically extracted and reported, reducing India’s reliance on imports.
Scientific mining will receive a significant boost as these minerals now come under stricter regulatory oversight. The Indian Bureau of Mines (IBM) will monitor their extraction, ensuring compliance with sustainable practices. Additionally, under the Mines and Minerals (Development and Regulation) Act, 1957, leases for major minerals extend up to 50 years, providing stability to mining operations and encouraging investment in exploration. The transition will also facilitate better revenue collection for state governments, as these minerals now fall under structured taxation and royalty mechanisms.
This reclassification balances economic growth with sustainable resource management. It promotes responsible mining, encourages transparency, and ensures optimal utilization of mineral wealth. As India strengthens its critical mineral supply chain, this decision enhances self-reliance and secures resources essential for technological advancements and strategic industries. The structured regulatory framework ensures that mining activities contribute to long-term national interests while adhering to environmental and sustainability standards.
Topic : Strengthening Regional Cooperation in Small-Scale Fisheries and Blue Economy
Relevance : GS Paper 3 Environment, Economy
Source : PIB
Context :
India has taken over the Chairmanship of the Bay of Bengal Programme Inter-Governmental Organisation (BOBP-IGO) from Bangladesh during the 13th Governing Council Meeting held in Malé, Maldives. This transition marks a crucial step in strengthening regional cooperation among the member nations, including Sri Lanka, Maldives, and Bangladesh, to enhance sustainable fisheries management, protect marine ecosystems, and promote the blue economy. The event was held as part of a high-level conference on “Policy Guidance for Mainstreaming Ecosystem Approach to Fisheries Management (EAFM) in Small-Scale Fisheries,” hosted by the Maldives Ministry of Fisheries & Ocean Resources in collaboration with BOBP-IGO.
The Indian delegation, led by Dr. Abhilaksh Likhi, Secretary, Department of Fisheries, highlighted India’s commitment to furthering the objectives of the BOBP-IGO. India aims to play a pivotal role in ensuring the sustainable development of fisheries and marine resources through enhanced regional collaboration, scientific research, and policy advocacy. The focus areas under India’s chairmanship include capacity building, addressing Illegal, Unreported, and Unregulated (IUU) fishing, promoting knowledge exchange, and fostering mutual support among member nations.
Significance of Small-Scale Fisheries in the Region
Small-scale fisheries (SSF) play a vital role in the economies of Bay of Bengal countries, providing livelihoods to millions of people. These fisheries are characterized by traditional fishing practices, small boats, and limited mechanization. They contribute significantly to food security, employment, and cultural heritage in coastal communities.
India: India has a vast coastline with millions of small-scale fishers dependent on marine and inland fisheries. Government initiatives such as the Pradhan Mantri Matsya Sampada Yojana (PMMSY) and the Blue Revolution Scheme focus on empowering fishers through infrastructure development, financial support, and training programs. India is actively promoting sustainable practices, marine conservation, and value addition in fisheries products.
Bangladesh: Bangladesh’s small-scale fisheries sector is vital for national food security and rural employment. The country has successfully implemented community-based fisheries management programs to improve inland fisheries sustainability. It also focuses on Hilsa conservation, a crucial species in its fisheries sector, through initiatives like the Jatka Conservation Program.
Sri Lanka: The island nation has a significant small-scale fisheries sector, which provides employment to thousands of coastal fishers. Sri Lanka has been implementing measures such as the deployment of Fish Aggregating Devices (FADs), promotion of sustainable fishing gear, and protection of marine biodiversity. The government also provides subsidies and capacity-building support to small-scale fishers.
Maldives: Being a nation heavily reliant on marine resources, Maldives’ fisheries sector is dominated by traditional pole-and-line tuna fishing, a sustainable method that has received global recognition. The government has been actively promoting sustainable fisheries management, including Marine Protected Areas (MPAs), fisheries certification programs, and eco-tourism initiatives.
India’s Leadership and the Path Ahead
As India assumes the leadership of the BOBP-IGO, it aims to bring together regional stakeholders, international organizations like FAO and SEAFDEC, and national agencies to promote sustainable fisheries. The focus will be on creating policies that balance economic growth with marine conservation, adopting technology-driven solutions, and strengthening the blue economy. By fostering cooperative mechanisms, improving governance structures, and empowering small-scale fishers, India envisions a future where fisheries contribute significantly to regional prosperity while ensuring environmental sustainability. This initiative aligns with India’s broader goal of ‘Viksit Bharat 2047’, ensuring inclusive growth and long-term development in the fisheries sector.
Prelims Practice Question:
Consider the following statements regarding the Bay of Bengal Programme Inter-Governmental Organisation (BOBP-IGO):
- The BOBP-IGO focuses on the development and management of small-scale fisheries in the Bay of Bengal region.
- India assumed the Chairmanship of the BOBP-IGO from Sri Lanka in 2025.
- The organization aims to address issues such as Illegal, Unreported, and Unregulated (IUU) fishing and promote regional cooperation.
Which of the statements given above is/are correct?
a) 1 and 2 only
b) 1 and 3 only
c) 2 and 3 only
d) 1, 2, and 3
Answer:
b) 1 and 3 only
Explanation:
• Statement 1 is correct: The BOBP-IGO works towards the sustainable development and management of small-scale fisheries in the Bay of Bengal region. It focuses on improving livelihoods, capacity building, and marine resource conservation.
• Statement 2 is incorrect: In 2025, India assumed the Chairmanship of BOBP-IGO from Bangladesh, not Sri Lanka.
• Statement 3 is correct: One of the key objectives of BOBP-IGO is to combat Illegal, Unreported, and Unregulated (IUU) fishing and strengthen regional cooperation in marine resource management.
Mains Model Question:
Q. Discuss the significance of India assuming the Chairmanship of the Bay of Bengal Programme Inter-Governmental Organisation (BOBP-IGO). How can regional cooperation in small-scale fisheries contribute to sustainable economic growth and marine ecosystem protection?
India’s assumption of the Chairmanship of the Bay of Bengal Programme Inter-Governmental Organisation (BOBP-IGO) marks a crucial step towards strengthening regional cooperation in marine resource management. The Bay of Bengal region, home to millions of small-scale fishers, faces challenges such as overfishing, climate change, and illegal, unreported, and unregulated (IUU) fishing. India’s leadership provides an opportunity to enhance collaboration among member countries, including Sri Lanka, Maldives, and Bangladesh, to address these challenges through scientific research, technology exchange, and policy coordination.
Small-scale fisheries play a significant role in ensuring food security, livelihood generation, and economic stability for coastal communities. However, unsustainable fishing practices, habitat degradation, and climate-induced changes threaten their long-term viability. Under India’s Chairmanship, BOBP-IGO can facilitate training and capacity-building programs, support sustainable fishing techniques, and encourage responsible marine resource utilization. Strengthening data-sharing mechanisms and enforcement against IUU fishing will ensure that regional fish stocks are protected while maintaining the economic stability of fisherfolk.
Regional cooperation in fisheries management also contributes to the growth of the blue economy, which emphasizes economic activities linked to the sustainable use of ocean resources. By promoting responsible fishing practices, enhancing aquaculture productivity, and implementing policies that balance economic growth with conservation, member nations can ensure long-term benefits for their fisheries sector. Additionally, collaboration with global institutions such as the FAO and SEAFDEC can bring in technical expertise and financial support to improve fisheries governance.
As India leads the BOBP-IGO, it has the responsibility to guide member nations toward a balanced approach where economic development and marine ecosystem protection go hand in hand. Strengthening policy frameworks, fostering regional dialogue, and implementing community-based conservation initiatives will be key to ensuring a prosperous and sustainable future for small-scale fisheries in the Bay of Bengal.
Topic : India-Japan Partnership
Relevance : GS Paper 2 International Relations
Source : PIB
Context :
The India-Japan relationship is a dynamic and evolving partnership built on a foundation of shared democratic values, historical ties, economic cooperation, and strategic alignment. The two countries have forged a deep and multifaceted alliance spanning trade, investment, infrastructure, defense, technology, and cultural exchange. Their collaboration has grown significantly over the past few decades, positioning both nations as key stakeholders in the Indo-Pacific region.
Historical and Cultural Ties
India and Japan share a deep historical connection dating back over a thousand years, primarily through the influence of Buddhism. Cultural exchanges between the two nations have existed since ancient times, with Indian monks traveling to Japan and Japanese scholars studying Buddhist scriptures from India. This long-standing spiritual and cultural bond continues to influence modern-day relations. The cultural affinity is further strengthened by historical figures such as Swami Vivekananda and Rabindranath Tagore, who had close intellectual and philosophical ties with Japan. The Japanese appreciation for Indian culture is evident in their reverence for figures like Bodhisena, an Indian monk who played a key role in introducing Buddhism to Japan in the 8th century.
Economic and Trade Relations
Economic cooperation has been a cornerstone of the India-Japan relationship. Japan is one of India’s most significant economic partners, having invested over $43 billion in Foreign Direct Investment (FDI) since 2000. Japan is India’s fifth-largest investor, contributing to critical sectors like automobiles, infrastructure, technology, and manufacturing.
The Comprehensive Economic Partnership Agreement (CEPA) signed in 2011 has played a vital role in boosting trade between the two countries. Over 1,400 Japanese companies currently operate in India, particularly in sectors such as automobiles, consumer electronics, and heavy engineering. Companies like Toyota, Honda, Suzuki, Sony, and Hitachi have a strong presence in India, contributing significantly to employment generation and technology transfer.
Japan has also been instrumental in India’s infrastructure development. Notable projects include:
• Mumbai-Ahmedabad High-Speed Rail (Shinkansen) – A bullet train project funded by Japanese investment and technology.
• Delhi Metro and Metro Projects in Bengaluru, Chennai, and Ahmedabad – Built with Japanese collaboration.
• Industrial Townships – Japan has established 11 industrial corridors across 8 Indian states to promote manufacturing.
The Make in India initiative has further strengthened bilateral trade, encouraging Japanese firms to set up manufacturing units in India. With an ambitious goal of increasing the share of manufacturing in India’s GDP to 25%, Japan’s role is crucial in achieving this target.
Strategic and Defense Cooperation
India and Japan have established strong defense ties as part of their strategic partnership, recognizing common security challenges in the Indo-Pacific region. Both countries have intensified their cooperation in defense technology, military exercises, and security dialogues.
Key developments in defense cooperation include:
• Acquisition and Cross-Servicing Agreement (ACSA) – Signed in 2020, this allows the two countries to exchange logistics and military supplies.
• Malabar Naval Exercise – A trilateral military drill involving the United States, India, and Japan, aimed at strengthening maritime security in the Indo-Pacific.
• Japan-India Maritime Exercise (JIMEX) – A bilateral naval exercise to enhance interoperability between the Indian Navy and the Japan Maritime Self-Defense Force.
Japan’s support for India’s defense manufacturing aligns with India’s goal of self-reliance in the defense sector under the Atmanirbhar Bharat initiative. There is growing cooperation in cybersecurity, space technology, and defense equipment manufacturing.
Technology, Innovation, and Digital Economy
Collaboration in science, technology, and innovation is a critical aspect of the India-Japan partnership. Japan’s leadership in areas such as artificial intelligence, robotics, semiconductor manufacturing, and space exploration complements India’s growing capabilities in these sectors.
Some key areas of technological collaboration include:
• Semiconductor Manufacturing – Japan is supporting India in developing a robust semiconductor ecosystem to reduce dependence on imports.
• Artificial Intelligence and Robotics – Joint research initiatives in AI, automation, and Industry 4.0 technologies.
• Space Cooperation – India’s ISRO and Japan’s JAXA are collaborating on joint space exploration missions.
Additionally, Japan’s emphasis on high-quality manufacturing processes has influenced India’s industrial practices. Concepts such as ‘Kaizen’ (continuous improvement) and Lean Six Sigma are being integrated into Indian manufacturing to enhance efficiency and quality standards.
Cultural and People-to-People Ties
Cultural exchanges and educational collaborations have played a significant role in deepening ties between India and Japan. There is a growing interest in Japanese language learning in India, facilitated by institutions such as the Japan Foundation. Academic partnerships between Indian and Japanese universities promote student exchange programs and research collaboration.
Bilateral tourism has also seen an increase, with both countries encouraging travel and cultural exchange. The promotion of Japanese anime, martial arts, and cuisine in India has led to a surge in cultural appreciation. Similarly, Indian yoga, Ayurveda, and classical dance have gained popularity in Japan.
Energy and Sustainable Development Cooperation
India and Japan are working together to achieve sustainable development and clean energy goals. Both nations are committed to carbon neutrality and renewable energy expansion. Key collaborations include:
• Green Hydrogen and Renewable Energy Projects – Japan is investing in India’s green energy transition.
• Smart Cities and Urban Planning – Joint efforts to develop sustainable urban infrastructure.
• Climate Change Mitigation – India and Japan are partners in global climate action initiatives.
Future Prospects
The India-Japan partnership is poised for significant growth in the coming decades, with a strong focus on deepening economic engagement, enhancing strategic cooperation, and fostering technological innovation. Japan’s investment in India’s infrastructure, manufacturing, and digital economy will continue to drive mutual benefits.
The Free and Open Indo-Pacific (FOIP) strategy, championed by both nations, highlights their shared vision for a rules-based international order. As India pursues its vision of ‘Viksit Bharat 2047’, Japan will remain a crucial partner in achieving long-term development goals.
The partnership is not just about economic and strategic cooperation but also about a shared vision of global stability, sustainable development, and technological advancement. India and Japan, as key players in Asia, will continue to strengthen their alliance, ensuring prosperity and security for the region and beyond.
Prelims Practice Question
Consider the following statements regarding India-Japan relations:
- Japan is India’s largest source of Foreign Direct Investment (FDI).
- The Mumbai-Ahmedabad High-Speed Rail project is being developed with Japanese collaboration.
- India and Japan conduct a bilateral naval exercise called JIMEX.
- The Comprehensive Economic Partnership Agreement (CEPA) between India and Japan was signed in 2011.
Which of the statements given above are correct?
(a) 1, 2, and 3 only
(b) 2, 3, and 4 only
(c) 1, 3, and 4 only
(d) All of the above
Answer:
(b) 2, 3, and 4 only
Explanation:
• Statement 1 is incorrect: Japan is not India’s largest source of FDI; it is among the top investors, but countries like Singapore and Mauritius have historically contributed more.
• Statement 2 is correct: The Mumbai-Ahmedabad High-Speed Rail (bullet train) project is being developed with Japanese technology and funding.
• Statement 3 is correct: JIMEX (Japan-India Maritime Exercise) is a bilateral naval exercise aimed at enhancing maritime cooperation.
• Statement 4 is correct: The Comprehensive Economic Partnership Agreement (CEPA) between India and Japan was signed in 2011 to boost trade and economic relations.
Mains Model Question
Q. Discuss the significance of the India-Japan partnership in the context of economic cooperation, strategic collaboration, and cultural ties. How does this relationship contribute to India’s growth and regional stability?
The India-Japan partnership is a cornerstone of the Indo-Pacific geopolitical landscape, rooted in shared democratic values, economic interests, and cultural linkages. Economically, Japan has played a vital role in India’s infrastructure and industrial growth. With Foreign Direct Investment (FDI) exceeding $43 billion between 2000 and 2024, Japan is among India’s top investors. The Comprehensive Economic Partnership Agreement (CEPA) signed in 2011 has strengthened trade ties, facilitating the growth of over 1,400 Japanese companies in India. Projects like the Mumbai-Ahmedabad High-Speed Rail, metro systems in major cities, and industrial townships across multiple states highlight Japan’s commitment to India’s development. The Make in India initiative has further deepened this collaboration, with joint ventures like Maruti Suzuki demonstrating how Japanese technology is fueling India’s manufacturing sector.
Strategically, India and Japan have reinforced their defense ties through the QUAD alliance (with the US and Australia) and regular joint military exercises like JIMEX. The two nations are working closely on maritime security, intelligence sharing, and ensuring a free and open Indo-Pacific. Japan’s expertise in high-tech manufacturing, artificial intelligence, and green energy aligns with India’s ambitions for technological advancement.
Culturally, the India-Japan relationship is enriched by historical Buddhist connections and mutual admiration. The symbolic reference to the Seven Lucky Gods of Japan having Indian origins underscores the deep cultural affinity between the two nations. With both countries focusing on quality standards, skill development, and innovation, their partnership is poised to shape the global economic order. Strengthening this bond will not only enhance economic prosperity but also contribute to regional stability, reinforcing the Indo-Pacific as a hub of peace and development.
Topic : Lokpal and High Court Judges
Relevance : GS Paper 2 Polity and Governance
Source : The Hindu
Context :
The recent Supreme Court stay on the Lokpal’s order bringing High Court judges under its jurisdiction raises significant constitutional and legal questions. To understand the implications, it is essential to examine the constitutional provisions, relevant statutes, and judicial precedents related to the judiciary’s independence and the scope of the Lokpal’s powers.
Constitutional Provisions Regarding Judiciary
- Article 124: Establishes the Supreme Court of India and lays down the procedure for appointment, tenure, and removal of judges.
- Article 214: States that “there shall be a High Court for each State,” thereby recognizing the existence of High Courts.
- Article 217: Provides for the appointment, tenure, and removal of High Court judges, underlining that they serve under constitutional authority.
- Article 235: Grants High Courts the power of supervision and control over lower courts, reinforcing their autonomy.
- Article 50 (Directive Principles of State Policy): Emphasizes the separation of the judiciary from the executive to maintain judicial independence.
These provisions collectively ensure that High Court judges function independently and are not subject to executive control, which is a fundamental aspect of judicial independence.
The Lokpal and Lokayuktas Act, 2013
The Lokpal and Lokayuktas Act, 2013, was enacted to establish the Lokpal as an independent anti-corruption body at the central level. The Act defines the Lokpal’s jurisdiction over various categories of public servants, including:
• Prime Minister (with exceptions)
• Union Ministers
• Members of Parliament
• Group A, B, C, and D officers and employees of the government
• Bodies financed by the central government
Under Section 14(1)(f), Lokpal has jurisdiction over individuals in any body, authority, or trust established by an Act of Parliament or controlled/financed by the government. The Lokpal’s January 27 order used this provision to argue that High Court judges, as members of courts established by British parliamentary laws (Indian High Courts Act, 1861; Government of India Act, 1935), fall within its purview.
However, this interpretation directly contradicts the constitutional safeguards for judicial independence, as judges are appointed under the Constitution, not as employees of a government-controlled body.
Judicial Precedents - S.P. Gupta v. Union of India (1981) – First Judges Case
o Recognized judicial independence as a basic feature of the Constitution. - Supreme Court Advocates-on-Record Association v. Union of India (1993) – Second Judges Case
o Established the collegium system for judicial appointments, reducing executive influence. - In Re: Special Reference No. 1 of 1998 – Third Judges Case
o Reaffirmed the primacy of the judiciary in judicial appointments and independence. - K. Veeraswami v. Union of India (1991)
o Held that judges are public servants under the Prevention of Corruption Act, 1988, but cannot be investigated without prior approval from the Chief Justice of India.
Supreme Court’s Objections to Lokpal’s Order
• Judicial Independence: Any external body exercising jurisdiction over High Court judges could compromise judicial autonomy, which is protected under the Constitution.
• Prior Consultation with CJI: The Lokpal had forwarded the complaint to the CJI before launching a preliminary inquiry, which raised concerns about bypassing constitutional safeguards.
• Contradiction with Lokpal’s Own Precedents: The January 3 order of the Lokpal had excluded Supreme Court judges, arguing they were not under an Act of Parliament. Applying a different logic to High Court judges created inconsistency.
The Supreme Court’s intervention in staying the January 27 Lokpal order upholds the constitutional principle that judges of the High Courts and the Supreme Court function independently of executive and legislative control. While accountability mechanisms for judicial corruption exist, they are governed by constitutional procedures (such as impeachment under Article 124(4) and in-house judicial mechanisms) rather than external agencies like the Lokpal. The case highlights the delicate balance between judicial accountability and independence, a crucial aspect of India’s democratic framework.
Prelims Practice Question
Q. Consider the following statements regarding the jurisdiction of Lokpal in India: - The Lokpal has jurisdiction over all categories of public servants, including the Prime Minister and Members of Parliament.
- The Lokpal and Lokayuktas Act, 2013 explicitly includes High Court and Supreme Court judges within its ambit.
- The Supreme Court has recently stayed a Lokpal order that attempted to bring High Court judges under its jurisdiction.
Which of the statements given above is/are correct?
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2, and 3
Answer:
C) 1 and 3 only
Explanation:
• Statement 1 is correct: The Lokpal and Lokayuktas Act, 2013 grants the Lokpal jurisdiction over the Prime Minister (with some exceptions), Ministers, MPs, and government officials.
• Statement 2 is incorrect: The Act does not explicitly include High Court and Supreme Court judges within its jurisdiction. The accountability of judges follows constitutional mechanisms such as impeachment under Article 124(4) and in-house procedures.
• Statement 3 is correct: The Supreme Court recently stayed a Lokpal order that sought to bring High Court judges under its ambit, citing concerns over judicial independence.
Thus, the correct answer is C) 1 and 3 only.
Mains Model Question:
Q. The recent Supreme Court stay on the Lokpal’s attempt to bring High Court judges under its jurisdiction has reignited the debate on judicial accountability and independence. Critically analyze the constitutional provisions, judicial precedents, and the role of Lokpal in ensuring transparency while maintaining judicial autonomy.
The independence of the judiciary is a fundamental feature of the Indian Constitution, safeguarded under Articles 124 to 147 for the Supreme Court and Articles 214 to 231 for the High Courts. The Lokpal and Lokayuktas Act, 2013 was enacted to investigate allegations of corruption against public servants, including the Prime Minister and Members of Parliament. However, it does not explicitly include judges of the Supreme Court and High Courts within its jurisdiction. The Supreme Court, through various rulings such as Veeraswami v. Union of India (1991), has maintained that judicial accountability must be ensured without compromising judicial independence.
The recent Lokpal order of January 27, 2025, attempting to bring High Court judges under its jurisdiction, was based on the argument that High Courts predate the Constitution and were established by British Parliamentary Acts. However, the Supreme Court stayed this order, emphasizing that all judges derive their authority from the Constitution, not from any parliamentary legislation. This move raises concerns about the potential conflict between judicial independence and external oversight, as any external investigative authority over judges could undermine their impartiality.
While judicial accountability is necessary, it must be pursued within the constitutional framework. The in-house procedure and the Judges Inquiry Act, 1968, provide mechanisms for addressing misconduct among judges. Any move to subject judges to the Lokpal’s jurisdiction would require a constitutional amendment, ensuring that judicial independence is not compromised while enhancing accountability. The balance between transparency and autonomy remains crucial for maintaining public trust in the judiciary.