UPSC Mains_Judicial Manpower_Report 245 of Law Commission

Back ground on Pending cases :

Higher Judiciary :

From the Report 245 of Law Commission. As on 2012, there are approx . 20 lakhs cases in pendency with a annual institution ( cases registered) and disposed are equal to app. 13 lakh.

So Annual Back Log creation is just over +1 % ( Increasing trend from 2002)

District and Subordinate Courts :  As on 2012, there are approx . +1 Cr cases in pendency. With Annual inflow and disposal are almost equal to 80 Laks.

So, again here Annnual Back log creation is just +1% ( Decreasing trend )

Determining Judicial Strength : ( Four methods )

1. Population to Judges ration : The commission finds it irrelevant. The cases depends on society. Ex : Rural society may demand less and urban society may demand more. Rejected

2. Ideal Case Load Method : Means fixing number of cases to be handled by Judges.Variation between Cadres of diff states is huge. One case is different from other. One may take long time and other may not.

3. Time based method : Followed in US. We need a lot of Information to arrive at the figures which we dont have in India

4. Disposal rate method : Means taking the average Rate of disposal  of last 3 years. Calculating Break even Judges = Average Institution/ Average rate of disposal.
So we can calculate Additional Judges for break even

For Pendency , Judges needed to clear back Logs = (No. of Pending/ Average rate of disposal )/ No of years

Recommended method by Commission

Final Recommedation of the 245th report of Commission :

1. Rate of disposal method
2. Judges to be appointed on priority basis
3. Increasing the age of retirement of Subordinate Judges
4. Special courts for Police/Traffic chellan cases. Which constitutes 38.7 of institution and 37 of pending cases
5. Provision for staff and Infrastructure
6. Periodic assessment by High courts on Judges requirement
7. Alternate Dispure redressals
8. Key non binding performance indicators for Judges, non binding time frame for cases

UPSC Mains_Summary of Law Commission Report 230_Judicial reforms

Importance :

Quality of Judgements :

1. Uncle Judges concept is now prevalent some of the High Courts. Ie the Judges are some way related to the Lawyers and quality of Judgements are getting reduced.

Recommendation : The High court judges should be appointed in other states where they practiced or other measures to make sure the Justice is given at all times


2. Alternate Dispute resolution : Like Lok Adalat, Family Courts

3. Fast Court Courts :


4. Compuetrization of Lower courts


5. Using Technology for trials and Evidences. ERP can be used to monitor effectiveness of Judges

6. Reforms at Village levels

Final Recommendation

1. Full utilization of Working hours
2. Grouping of cases into one, so that one Judgement can clear 2-5 cases. This can achieved using technology. Identifing infructous cases which are no longer valid. These cases may not take much time
3. Judges must take reasonable amount of Time.
4. Considering staggering pendency, the Vacation should be reduced for Higher Judiciary by 10-15 days and working hours should be extended atleast by 30 Minutes every day
5. Judgements should be clear and should not have ambiguity
6. Lawyers should not get involved in strikes

UPSC_ Discuss about the present status of Pending cases in Indian Judiciary and its recommendation

Law Commission report : http://lawcommissionofindia.nic.in/reports/Report245.pdf

Article of No of Judges Issue : http://www.livemint.com/Politics/FZKTZdKUtZRaEcg2msir1J/Vacant-posts-remain-collegium-systems-biggest-challenge.html

UPSC Mains_Need for better Ground Water Policy

Introduction :

Background :

1. Water is state subject

2. Till date the Ground Water usage comes under Section 7(g)Easement Act states that every states that every owner of land has the right to collect and dispose within his own limits all water under the land and on its surface which does not pass in a defined channel. The legal consequence of this law is that the owner of the land can dig wells in his land and extract water based on availability and his discretion. Additionally, landowners are not legally liable for any damage caused to the water resources as a result of over extraction.

Effect of this outdated policy : Overuse of ground water for Irrigation and Industrial Purposes. Contamination of ground water by Pollutants like Arsenic, Fluride, Nitrates, Fe,

Statistics for Ground Water exploitation :

In India Central Ground Water board coming under Ministry of Water resources is the agency.  http://www.cgwb.gov.in/index.html

1. Decreasing Water Levels :

Stage of Ground Water Developement in 2011 (%) for some states like Rajasthan, Delhi, Haryana, Punjab is more than 100%. Which means the use of ground water is more than the recharge.

Stage of Ground Water DEvelopment = Annual ground water Draft / Net ground water availability in Percentage

2. Ground Water contamination : There are many districts which are affected by Arsenic, Fluride, Fe and Nitrate contamintaion
Existing Frame work :

Central Gov has given a " Natioanl Framework Bill for States in 2013. 11 states have made legislations based on it.

Recent recommedations of Standing Committee in Dec, 2015

Recommendations of the Standing Committee on Water Resources The Standing Committee reviewed the ground water scenario and submitted its report in December 2015. The major recommendations of the Committee are summarised below:

1.  Database on natural and artificial recharge of water: Assessment of ground water resources in the country was last done in 2011. Assessment of ground water resources should be undertaken on a regular basis, preferably after every two years. Also, a single agency should be formed to maintain a database on (i) the amount of ground water being utilised by various stakeholders, and (ii) natural and artificial recharge to ground water. This will help augment the efforts towards conservation, development and management of the resource and in tackling issues such as its over-exploitation, depletion and pollution.

2.  Study of Dark Blocks: A study to assess land-use and proportion of agricultural land falling under dark blocks (over-exploited assessment units) should be initiated. This will help determine suitable cropping pattern in areas that are water stressed. Additionally, an impact study to determine losses caused to agriculture, economy, health and environment due to dark blocks should be carried out.

3. Ground water withdrawal for agriculture: In the states of Punjab, Haryana and Rajasthan, ground water levels are fast depleting due to excessive exploitation for agriculture use. To improve the situation, measured suggested include, (i) on-farm water management techniques and adoption of improved irrigation methods, (ii) implementation of ‘Master Plan for Artificial Recharge to Ground Water’, and (iii) revamping agricultural power pricing structure, as flat rate of electricity adversely affects the use of ground water. A well-defined policy on ground water extraction should also be framed to ensure long-term sustainability.

4.  Water under concurrent list of the Constitution: Bringing the subject of water under the concurrent listwill help evolve a comprehensive plan of action. Consensus between the centre and states will result in better conservation, development and management of water, including ground water.

5. Master Plan for Artificial Recharge to Ground Water: The document ‘Master Plan for Artificial Recharge to Ground Water’ was prepared by the Central Ground Water Board in 2013 and circulated to all states. It incorporated: (i) identification of suitable areas for artificial recharge, (ii) estimation of subsurface storage space availability, and (iii) quantification of local surplus annual run-off availability as source water for artificial recharge. No review regarding the implementation of the Plan has been done so far. A comprehensive review of the follow-up action taken by states/ union territories should be undertaken. A time-bound roadmap to achieve the objectives of the plan should be put in place.

6. Synergy between MGNREGS and ground water management: Steps should be initiated to achieve optimised returns on works related to ground water conservation taken under Mahatma Gandhi National Rural Employment Guarantee Scheme. Coordination between the Ministries of Water Resources, Agriculture, and Rural Development through a special body will be helpful in this regard.

7. Census of water bodies and installation of water meets on tube wells: An inventory of water bodies (including ponds) in the country should be undertaken and completed in a definite time-frame. Special programs for the upkeep, maintenance and restoration of water bodies should be implemented with sufficient budgetary allocation. To regulate over-use of ground water for irrigation and drinking purposes, installation of water meters in all tube-wells should be made mandatory on the principle of ‘Beneficiary Pays’. This will also result in a reduction in subsidies for farmers.

8 Contamination of ground water by industries: Ministry of Water Resources in coordination with Central Pollution Control Board should devise an effective mechanism to identify critically polluted areas located in dark blocks. Steps to minimize and control the dumping of industrial waste into surface water and underground aquifers should also be taken.

9 Enforcement of NOCs by Central Ground Water Authority: A system of regular inspections should be instituted in respect of industries to whom No Objection Certificate (NOC) has been issued by Central Ground Water Authority. This will ensure compliance of conditions mentioned in the NOC. All State Pollution Control Boards should set up an appropriate and effective monitoring mechanism to verify the requirement with the actual withdrawal.

UPSC Mains_Causes of Raise of Magadha Kingdom

1. Use of Iron started throughout all Janapadas during 6th and 5th century BC, But Iron Ore mines situated near the Capital Rajgir helped Magadha to extensively use Iron to make weapons and Agriculture equipments gave them an advantage

2. Natural fortress for both Rajgir and Pataliputra against invasion. Rajgir was situated inbetween hills and Patna was situated inbetween 4 rivers.
It was always tough for the enemies to capture the capital of Magadha

3. Ambitious and able Kings like Bimbisara, Ajatasatru followed by MahaPadma Nanda,  used their opportunities successfully to get the better out of other Kingdoms like Anga, Kosala, Vrijji and finally Avanti.

4. Use of Elephants was also an important factor during the age of Mahajanapadas. We learn from Greek sources that Nandas had 6000 Elephants in their Army.

5. Metal Income which came through surplus agriculture also helped the economy to florish compared to the other Kingdoms.

6. Water ways used for both economical and military purposes. they could travel in east, west directions easily through river transport.

UPSC Mains_ Difference between Buddhism and Jainism

While there are many similarities between Buddhism and Jainism in terms of Origin, Doctrines they have dissimilarities mainly in the way how the two religions are practiced ie sacrifices to be made to practice the religion and how effectively the followers made it to reach the masses.

Similarities :

1. Both their Origin have a similar cause ie an alternate to ritualistic, Caste based Brahmanism.

2. Doctrines : While Jainism adopted a three fold path for attaining Liberation, Buddhism talked about eight fold path for attaining Nirvana.

Jainism insisted on avoiding 5 things( ex: Do not tell lie..etc) , Buddhism also insisting on avoiding 5 things. Just few changes in wording.

Dissimilarities :

1.Hardships in practicing : While Buddhism had rules through Sangha for the Monks, the ordinary followers are allowed to practice a less rigorous life style. But in contrast the Jainism insisted on rigorous self sacrifices to ordinary followers and Gurus. The followers are even asked to abandon agriculture since that would harm insects and other organisms. While Buddhist are free to take up any profession followers of Jainism could only take up trade and commerce.

This basic difference was one of the key factors for Jainism not able to spread through masses as easily as Buddhism.

2. Support of Rulers : While Jainism could get support only from Chandra Gupta Maurya during his old age. Buddhism got the patronage of many important rules like Magadha Kings, Asoka, Kanishka and other powerful rulers.

3. Spread to Other lands : Asoka took efforts to spread Buddhism to other parts of the world. ie Central Asia, South Asia, Sri Lanka there was no big supporters of Jainism to spread the idea. Buddhism is very much a practicing religion in CHina, South Asia and Sri Lanka till date.

4.Jainism still surviving in India : Jainism is still practised Religion in very few pockets in India but Buddhism almost have no presence in India. The materialistic approach of Buddhist MOnks ,adaptation of Hinduism to the set backs given by Buddhism ( from Cattle sacrifice to Cattle protector , naming Buddha as the incarnation of Vishnu), Anti Buddist rulers resulted in the wiping out the Buddism from India by 12th to 13th century