UPSC Key: Tariffs, Ad hoc Judge and Essential Religious Practices

‘Unconstitutional’: Federal judge halts Trump bid to end birthright citizenship

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

What’s the ongoing story: A federal judge in Seattle has temporarily blocked an executive order by President Donald Trump that sought to curtail birthright citizenship in the United States.

Key Points to Ponder:

• What is ‘birthright citizenship’?

• Which amendment of the U.S. Constitution enshrines the concept of birthright citizenship?

• What was the primary argument presented by Donald Trump’s administration against birthright citizenship?

• Which legal principles is associated with birthright citizenship in the U.S.?

• Discuss the concept of birthright citizenship as a tool for promoting inclusivity in diverse societies. Compare its application in the United States and India.

• Analyse the implications of ending birthright citizenship on the socio-political fabric of a country.

• Examine the legal and constitutional challenges associated with the attempt to end birthright citizenship in the U.S.

Key Takeaways:

• The ruling came on Thursday after US District Judge John Coughenour granted a temporary restraining order, halting enforcement of the policy for 14 days while the court considers a preliminary injunction.

• The order, signed by Trump on his first day back in office, directs federal agencies to deny citizenship to children born in the US if neither parent is a citizen or legal permanent resident.

• The ruling marks the first major legal setback for Trump’s renewed effort to redefine American citizenship laws.

• Judge Coughenour, appointed by Republican former President Ronald Reagan, did not mince words during the hearing, describing the executive order as “blatantly unconstitutional.” Responding to the Justice Department’s defence of the directive, the judge expressed disbelief that any legal professional could consider the order constitutionally sound.

• “I am having trouble understanding how a member of the bar could state unequivocally that this order is constitutional,” Coughenour told Brett Shumate, the Justice Department attorney defending the administration’s position. “It just boggles my mind.”

• The ruling came after four Democratic-led states — Washington, Arizona, Illinois, and Oregon — filed suit, arguing that the order violated the 14th Amendment’s citizenship clause, which guarantees citizenship to anyone born on US soil, regardless of their parents’ immigration status.

Do You Know:

• The debate over birthright citizenship centres on the 14th Amendment, which was adopted in 1868 following the Civil War and guarantees citizenship to all individuals born in the United States.

• The amendment was a response to the Dred Scott decision of 1857, which denied citizenship to enslaved Black people and their descendants. Since then, the citizenship clause has been interpreted to include all children born in the US, even to non-citizen parents.

• The Supreme Court cemented this interpretation 127 years ago, ruling in United States v. Wong Kim Ark that children born in the US to non-citizen parents are entitled to citizenship.

• Trump’s executive order seeks to overturn this long-established precedent, a move that legal scholars say is likely to face significant judicial scrutiny.

• Trump has long sought to end birthright citizenship, a policy that has been a cornerstone of his immigration agenda since his first presidential campaign in 2016. During his previous term, Trump floated the idea of ending birthright citizenship through executive action, but the proposal was never formalised into policy. His latest executive order represents a renewed and more aggressive attempt to redefine the parameters of American citizenship.

• The administration argues that birthright citizenship incentivizes illegal immigration and places a strain on public resources.

• In defending the order, the Justice Department described it as an “integral part” of Trump’s efforts to reform the US immigration system and address the crisis at the southern border. Shumate, the Justice Department lawyer, called the ruling to block the order “wildly inappropriate” and maintained that the executive order was a necessary measure to fix what the administration views as a broken immigration system.

Other Important Articles Covering the same topic:

📍MAGA, ‘America First’: How Trump underlined campaign messaging on first day back in office

UPSC Previous Year Mains Question Covering similar theme:
📍‘What introduces friction into the ties between India and the United States is that Washington is still unable to find for India a position in its global strategy, which would satisfy India’s National self-esteem and ambitions’. Explain with suitable examples. (UPSC CSE, GS2, 2019)

New wildfire near LA explodes to 9,400 acres, forces mass evacuations

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies III: Conservation, environmental pollution and degradation, environmental impact assessment.

What’s the ongoing story: More than 50,000 residents in Southern California have been placed under evacuation orders or warnings as a massive and fast-moving wildfire broke out in the rugged mountains north of Los Angeles.

Key Points to Ponder:

• Discuss the geographical factors that make regions like Los Angeles prone to wildfires.

• How climate change is influencing the frequency and intensity of wildfires globally.

• Analyse the impact of wildfires on ecosystems, biodiversity, and local communities. Provide examples from recent wildfire incidents.

• Examine the policy measures taken by the United States to manage and mitigate wildfires.

• How can international cooperation contribute to wildfire prevention and disaster management?

• Evaluate the role of urban planning and governance in reducing the vulnerability of cities like Los Angeles to wildfires.

Key Takeaways:

• The Hughes Fire, which erupted on Wednesday morning, rapidly spread through parched vegetation, sending dark plumes of smoke over the
region as strong winds fueled its expansion.

• The fire ignited near Lake Castaic, a popular recreational area approximately 40 miles (64 kilometers) from the areas already devastated by the Eaton and Palisades fires.

• Within hours, the Hughes Fire had scorched over 15 square miles (39 square kilometers) of forest and brush, prompting the evacuation of more than 31,000 people. An additional 23,000 residents remain under evacuation warnings, according to LA County Sheriff Robert Luna.

• Authorities are battling to contain the fire, with LA County Fire Chief Anthony Marrone noting that the blaze has been challenging to control, although some progress is being made. “Firefighters are getting the upper hand,” Marrone said.

• A 30-mile stretch of Interstate 5, one of California’s critical north-south routes, was closed as the Hughes Fire advanced across hilltops and descended into wooded canyons.

Do You Know:

• Southern California has been under siege from wildfires since early January. The Palisades and Eaton fires, both ignited on January 7, have already claimed at least 28 lives and destroyed over 14,000 structures. Firefighters have made headway in containing the blazes, with the Palisades Fire now 68% contained and the Eaton Fire 91% under control.

• The increasing frequency and intensity of wildfires in California can be attributed to a combination of natural and human-induced factors, with climate change playing a central role. Rising global temperatures have created hotter, drier conditions across the landscape. This makes fires not only more likely to ignite but also easier to spread. The hottest years on record globally — 2023 and 2024 — have seen extreme heat intensify droughts and dry out vegetation, creating an ideal fuel source for wildfires.

• Southern California is also frequently affected by the Santa Ana winds, which bring strong, dry gusts that further fuel the fires and make containment difficult. This combination of heat, dryness and wind is compounded by the fact that communities are increasingly being built near vegetated areas (known as the “wildland-urban interface”), putting both people and their built environment at greater risk. As average temperatures in California continue to rise, so does its vulnerability to catastrophic fires.

Other Important Articles Covering the same topic:

📍Southern California wildfires 2025 explained: Why the blaze in winter, why it is so bad

UPSC Practice Prelims Question Covering similar theme:
1. Which of the following is an initiative to mitigate the impact of wildfires in the United States?
(a) Smokey Bear Program
(b) Paris Agreement
(c) Kyoto Protocol
(d) Bonn Challenge
UPSC Previous Year Mains Question Covering similar theme:
📍Most of the unusual climatic happenings are explained as an outcome of the El-Nino effect. Do you agree? (UPSC CSE, GS3, 2014)

FRONT PAGE

After NSA, Foreign Secy to visit China on January 26-27

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: India and its neighbourhood- relations.

What’s the ongoing story: MOVING TO resume bilateral engagements after the disengagement at the India-China border, Foreign Secretary Vikram Misri will travel to Beijing on January 26-27 for a meeting of the “Foreign Secretary-Vice Minister mechanism between India and China”.

Key Points to Ponder:

• Discuss the evolving nature of India-China bilateral relations in the context of the recent high-level visits and their significance for regional stability.

• What are the challenges and opportunities in the resolution of border disputes between India and China?

• Highlight the role of diplomatic engagements like NSA and Foreign Secretary-level talks.

• “India and China are important players in the global geopolitical arena”-Discuss

• Evaluate the role of multilateral platforms like BRICS and SCO in improving India-China relations.

• How multilateral platforms like BRICS and SCO can complement bilateral efforts between both the nations?

Key Takeaways:

• His visit comes just over a month after National Security Advisor Ajit Doval and Chinese Foreign Minister Wang Yi, who are also the Special Representatives, met in Beijing on December 18 — less than two months after a border patrolling arrangement was announced on October 21, which was followed by a meeting between Prime Minister Narendra Modi and Chinese President Xi Jinping on the sidelines of the BRICS Summit in Kazan, Russia on October 23.

• Misri was India’s Ambassador in Beijing in 2020 when the border standoff started, and is familiar with the Chinese leadership and the cast of characters in the establishment in Beijing. His visit will be the first such engagement at the Foreign Secretary level since the border standoff.

• Announcing the visit, the Ministry of External Affairs (MEA) said: “The resumption of this bilateral mechanism flows from the agreement at the leadership level to discuss the next steps for India-China relations, including in the political, economic and people-to-people domains.”

• Incidentally, this comes a day after the Quad Foreign Ministers’ meeting in Washington DC which, in a thinly-veiled reference to China’s assertive behaviour in the Indo-Pacific that ranges from Taiwan to India-China border, pledged to “strongly oppose any unilateral actions that seek to change the status quo by force or coercion”.

• The Foreign Secretary’s visit, however, is a move to repair bilateral ties that headed south after Chinese incursions in 2020 triggered a military standoff along the Line of Actual Control (LAC) in eastern Ladakh.

Do You Know:

• At the Special Representatives’ meeting in Beijing last month, India and China said they agreed on a set of “six consensus” including resumption of the Kailash Mansarovar Yatra, trans-border river cooperation and Nathula border trade. This was the first meeting of the SRs “since frictions emerged in the western sector of the India-China border areas in 2020”.

• The meeting took place less than two months after a border patrolling arrangement was announced on October 21, which was followed by a meeting between Prime Minister Narendra Modi and Chinese President Xi Jinping on the sidelines of the BRICS Summit in Kazan, Russia on October 23. The decision to revive the SR dialogue mechanism and other such formats was taken at the Modi-Xi meeting.

• Earlier, Chinese officials had said the two sides were discussing ways to bring ties back to “normal” — as it was before the face-off started in April-May 2020.

• The Chinese officials outlined their “wishlist”: resumption of “direct flights” between the two countries, easing of visa curbs on Chinese nationals including diplomats and scholars, lifting of the ban on Chinese mobile apps, letting Chinese journalists report from India, allowing more Indian movies in Chinese theatres, etc.

• These restrictions were imposed after the Galwan clashes in June 2020, in which 20 Indian soldiers including a Colonel-rank officer and at least four Chinese soldiers were killed, casting a shadow on bilateral ties.

• After several rounds of discussions between the two countries, a breakthrough was announced on October 21 — an agreement on patrolling arrangements in the border areas.

• Subsequently, India and China completed the process of disengagement at the two friction points of Depsang Plains and Demchok in eastern Ladakh, along the Line of Actual Control, setting the stage for resumption of patrolling.

• The agreement on “patrolling arrangements” was an important beginning to the three-step process of disengagement, de-escalation and de-induction of troops. Now that the disengagement process is completed in eastern Ladakh, India is looking at de-escalation and de-induction of troops.

• On September 18, External Affairs Minister S Jaishankar met his Chinese counterpart, Wang Yi, on the sidelines of the G20 leaders’ summit in Rio de Janeiro in Brazil. The two ministers discussed the “next steps in India-China relations”.

Other Important Articles Covering the same topic:

📍India-China ties set in direction of some improvement: Jaishankar on disengagement

UPSC Practice Prelims Question Covering similar theme:
2. Which of the following border areas has been a significant flashpoint between India and China?
(a) Arunachal Pradesh
(b) Doklam Plateau
(c) Ladakh (Galwan Valley)
(d) All of the above
UPSC Previous Year Mains Question Covering similar theme:
📍The China-Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (2018)

EXPRESS NETWORK

Mazagon-Thyssenkrupp likely to land `70K-crore submarine deal

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies III: Infrastructure: Energy, Ports, Roads, Airports, Railways etc.

What’s the ongoing story: The joint venture of state-run Mazagon Dock Shipbuilders Ltd and Germany’s Thyssenkrupp Marine Systems appears close to securing the Indian Navy’s Rs 70,000-crore stealth submarine deal, with the Defence Ministry rejecting the joint bid from Larsen and Toubro (L&T) and Spanish firm Navantia on technical grounds.

Key Points to Ponder:

• Which Indian Navy project is associated with the Rs 70,000-crore submarine deal involving Mazagon Dock and Thyssenkrupp?

• What are the key feature of submarines under Project 75I?

• What is the strategic importance of the Air-Independent Propulsion (AIP) system in submarines?

• Discuss the role of international collaborations in India’s defense manufacturing sector

• Analyse the strategic significance of Project 75I for India’s maritime security in the Indian Ocean Region (IOR).

• Why indigenization in India’s submarine manufacturing programs under initiatives like Make in India is important?

• What are the challenges and opportunities associated with large-scale defense procurements like the Rs 70,000-crore submarine deal. How can India ensure transparency and efficiency in such projects?

Key Takeaways:

• The Mazagon-Thyssenkrupp bid to manufacture six submarines will now be opened, followed by negotiations over cost and technical requirements to finalise the contract, sources said.

• L&T and Navantia failed to meet the technical requirements of a proven air-independent propulsion (AIP) system — a next-generation
submarine technology — said the sources. However, they have 45 days to file objections.

• The Navy is looking for conventional submarines that can stay underwater for up to three weeks. The budget, however, has ballooned from the initial Rs 43,000-crore estimate.

• If the contract is signed, the first submarine is expected to be delivered by 2032, seven years from the date of signing, sources said. The deal is taking place under the Defence Ministry acquisition project named Project 75 (India).

• The Navy’s requirement — submarines capable of 3,000-tonne displacement — posed a challenge for both bidders. While Thyssenkrupp’s AIP system, installed in more than 60 Type-214 submarines, required scaling up, it was deemed acceptable due to its track record, it is learnt.

• Navantia, on the other hand, relied on an AIP system integrated into its S-80 class submarine that is set for commissioning in 2026. This was the first time the Spanish state-run defence company was attempting to export a submarine to another country.

Do You Know:

• The air-independent propulsion (AIP) system, also known as BEST (Bio-Ethanol Stealth Technology), is the next-generation technology for conventional submarines. Using bio-ethanol to generate oxygen, which sustains the crew and ensures fuel combustion, BEST can provide submarines with up to 21 days of underwater endurance. Though nuclear submarines have higher underwater endurance, AIP submarines cause less noise, reducing chances of detection. These submarines, which can accommodate about 40 crew members, can be armed with heavyweight torpedoes, anti-ship missiles and other weapons.

• Project 75 (India), the military acquisition project of the Defence Ministry, employs a strategic partnership model where Indian shipyards collaborate with foreign original equipment manufacturers to transfer technology and build submarines in India. The project mandates an increase in indigenous content in the submarines from 45 per cent in the first to 60 per cent in the sixth. This aligns with India’s Make in India push for domestic defence manufacturing.

Other Important Articles Covering the same topic:

📍Indian Navy’s Scorpene submarine to get strategically critical Air Independent Propulsion by 2026: DRDO chairperson

UPSC Previous Year Prelims Question Covering similar theme:
3. Which one of the following is the best description of ‘INS Astradharini’, that was in the news recently? (2016)
(a) Amphibious warfare ship
(b) Nuclear-powered submarine
(c) Torpedo launch and recovery vessel
(d) Nuclear-powered aircraft carrier

‘Loudspeaker not essential part of religion’: Bombay HC directs govt to take action

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

What’s the ongoing story: Observing that use of loudspeakers is not essential part of any religion, the Bombay High Court on Thursday directed the Maharashtra government to have an in-built mechanism to control decibel levels in loudspeakers, public address system (PAS) or any other sound-emitting gadgets used at places of worship, or institutions, irrespective of religion.

Key Points to Ponder:

• What is “Essential Religious Practices” doctrine in Indian constitutional law?

• Discuss the significance of the “Essential Religious Practices” doctrine in Indian constitutional law. • How does Essential Religious Practices balance the right to freedom of religion and other fundamental rights?

• Analyse the Bombay High Court’s judgment on loudspeakers in the context of the right to freedom of religion and the right to life.

• Examine the environmental and health impacts of noise pollution caused by the use of loudspeakers.

• Discuss the ethical considerations involved in balancing religious freedom and public welfare in the context of regulating loudspeaker use.

Key Takeaways:

• The HC directed the Mumbai Police to take strict action against violators and told the government to seriously consider issuing
directives to police authorities for calibration and auto fixation of decibel limits of loudspeakers or PAS used at such places.

• The court passed these directives on a plea by Jaago Nehru Nagar Residents Welfare Association and The Shivsrushti Co-op. Housing Societies Association Ltd. of residents of suburban Nehru Nagar, Kurla (East) and Chunabhatti area. The plea alleging failure of police to take action against use of loudspeakers and amplifiers by religious places such as mosques in the area beyond prohibited hours and permissible decibel limits.

• It referred to the 2016 HC judgement that issued several directives for the strict implementation of Noise Pollution (Regulations and Control) Rules, 2000. The HC had then observed that “use of loudspeakers is not an essential part of any religion and therefore protection under Article 25 (freedom of religion) of constitution is not available” to violating institutions.

• The HC took a judicial note of the issue and said “generally people/citizens do not complain about the things until it becomes intolerable and a nuisance”.

• The bench told the Mumbai CP to direct all police officers to use decibel level measuring mobile application and seize those loudspeakers or other equipment producing offending noise, violating law.

• It said that police authorities should ensure identity of complainants are not disclosed to offenders, “to avoid such complainants being targets or ill will and developing hatred”, it added.

• The HC said at first instance, police can caution the alleged offender and on repeated violation, can impose fines on concerned trusts or organisations as per provisions of Maharashtra Police Act and warn them of strict action in case of further violation. On next occasion, the court said, police shall seize the loudspeakers and may proceed to cancel the licence issued in favour of institutions to use such equipment.

Do You Know:

• The doctrine of “essentiality” was invented by a seven-judge Bench of the Supreme Court in the ‘Shirur Mutt’ case in 1954. The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.

• The Constitution Bench had ruled in 1994 that “A mosque is not an essential part of the practice of the religion of Islam and namaz (prayer) by Muslims can be offered anywhere, even in open.”

• The ‘essentiality doctrine’ of the Supreme Court has been criticised by several constitutional experts.

• Scholars of constitutional law have argued that the essentiality/integrality doctrine has tended to lead the court into an area that is beyond its competence, and given judges the power to decide purely religious questions.

• As a result, over the years, courts have been inconsistent on this question — in some cases they have relied on religious texts to determine essentiality, in others on the empirical behaviour of followers, and in yet others, based on whether the practice existed at the time the religion originated.

• Freedom of religion was meant to guarantee freedom to practice one’s beliefs based on the concept of “inward association” of man with God.
The apex court in ‘Ratilal Panachand Gandhi vs The State of Bombay and Ors’ (March 18, 1954) acknowledged that “every person has a fundamental right to entertain such religious beliefs as may be approved by his judgment or conscience”. The framers of the Constitution wanted to give this autonomy to each individual.

• Scholars such as Prof Mustafa have argued that the essentiality test impinges on this autonomy. The apex court has itself emphasised autonomy and choice in its Privacy (2017), 377 (2018), and Adultery (2018) judgments.

• As per noise pollution norms, the decibel limit in residential areas during the day must be at the most 55 decibels and during the night should be 45 decibels. However, as per 2023 affidavit of the Deputy Commissioner of Police (DCP) decibel levels at two mosques concerned were above 80 decibels.

Other Important Articles Covering the same topic:

📍Use of loudspeaker not fundamental right: Bombay HC

UPSC Practice Prelims Question Covering similar theme:
4. In the context of religious practices, which landmark case established the “Essential Religious Practices” doctrine in India?
(a) Kesavananda Bharati v. State of Kerala
(b) SR Bommai v. Union of India
(c) The Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt
(d) Shayara Bano v. Union of India

ECONOMY

Indian refiners seek more West Asian oil amid US sanctions on Russian oil trade

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.

What’s the ongoing story: The sweeping sanctions package announced earlier this month by the US against Russia’s oil trade has already had an impact on near-term supply of Russian oil to Indian refiners, who are finding it hard to secure enough cargoes for Moscow’s crude. 

Key Points to Ponder:

• What is the impact of US sanctions on Russia’s oil trade?

• How are these sanctions reshaping global energy dynamics and influencing India’s oil import strategy?

• What are the implications of India’s increasing reliance on Middle Eastern oil for its energy security and foreign policy?

• Examine the challenges and opportunities for India in navigating international oil markets amidst geopolitical tensions, such as US sanctions on Russia.

• What are the role of price caps and sanctions as tools of economic diplomacy in the global energy market?

• What lessons can India draw for its own energy strategy?

Key Takeaways:

• The situation is forcing Indian refiners to look elsewhere—mainly to the Middle East—to replace volumes from Russia, currently India’s largest source market for crude.

• India’s second-largest public sector refiner Bharat Petroleum (BPCL) is unable to get sufficient cargoes of Russian oil for March delivery, the company’s Director (Finance) Vetsa Ramakrishna Gupta said in a call with analysts on Thursday.

• Officials in other Indian refiners also said that getting Russian oil supplies for delivery beyond February has become difficult due to the recent sanctions, which have seemingly crippled the fleet of tankers transporting Russian crude.

• The sanctions were announced by the outgoing Joe Biden administration in the US at a time when Indian refiners were beginning to seek Russian oil cargoes for March delivery.

• These sanctions are the latest in the list of actions the Western powers have taken to curtail Russia’s revenue from oil exports, which they claim is helping Moscow fund its war in Ukraine.

• According to the US Department of the Treasury, the latest action substantially increases the sanctions risks associated with the Russian oil trade. A large number of the now sanctioned vessels have been delivering oil to India and China.

Do You Know:

• Indian refiners are now primarily looking at their traditional suppliers in West Asia to increase oil purchases and meet the shortfall in Russian oil, industry officials and trade sources indicated. They are looking to increase supplies under long-term contracts, apart from seeking additional cargoes from the spot market from Middle Eastern suppliers. They are also understood to be in the market for more oil from Africa and the US.

• From being a marginal oil supplier to India prior to the war in Ukraine, Russia is now India’s biggest supplier of crude, thanks to Moscow offering oil at significant discount after the West started shunning Russian oil. In 2024, Russian oil accounted for nearly 38 per cent of India’s total oil imports, per tanker data.

• Prior to the Russia-Ukraine war, Iraq, Saudi Arabia, and the UAE were India’s top three source markets for crude oil. They are currently at the second, third, and fourth spot, respectively, in the list of India’s top oil suppliers. India is the world’s third-largest consumer
of crude oil and depends on imports to meet over 85 per cent of its requirement.

• Although India itself is not part of the sanctions regime against Russia, like most other countries, New Delhi has generally followed a policy of not falling foul of US sanctions due to fear of secondary sanctions. While the India-Russia oil trade is unlikely to be seriously impacted during this wind-down period, beyond that, industry insiders expect a hit to Russian oil supplies to India in the near term.

Other Important Articles Covering the same topic:

📍Challenge for oil PSUs: How to get $900 million dividends out of Russia

UPSC Practice Prelims Question Covering similar theme:
5. What is the primary mechanism used by Western nations to limit Russia’s revenue from oil exports?
(a) Complete ban on Russian oil imports
(b) Setting a price cap on Russian oil
(c) Tariffs on Russian oil imports
(d) Subsidizing alternative oil suppliers

EXPLAINED

Ad hoc judges in HC: When and how can they be appointed?

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

What’s the ongoing story: On Tuesday (January 21), the Supreme Court suggested temporarily appointing retired judges on an ad hoc (as required) basis to address the growing backlog of pending criminal cases before several High Courts.

Key Points to Ponder:

• How is an ad hoc judge appointed?

• When can an ad hoc judge be appointed?

• When have ad hoc judges been appointed in the past?

• Significance of Article 224A in addressing the issue of case pendency in Indian High Courts-Know in detail

• How can the use of ad hoc judges contribute to judicial efficiency?

• Discuss the implications of appointing retired High Court judges on an ad hoc basis for judicial independence and accountability.

Key Takeaways:

• Notably, Article 224A of the Indian Constitution allows the Chief Justice of a High Court to request retired HC judges to perform the duties of a judge again, with the permission of the President of India. Though it has rarely been invoked, there is a detailed procedure for such appointments, with the SC previously having weighed in on the practice.

• The SC on Tuesday also suggested modifying the top court’s 2021 SC decision, which held that ad hoc judge appointments could only be made in certain situations.

• Article 224A, titled “Appointment of retired Judges at sittings of High Courts”, states: “The Chief Justice of a High Court for any State may at any time with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State”.

• Such appointees are entitled to allowances as determined by the President’s order and have all the jurisdiction, powers and privileges of a Judge of that High Court. However, they cannot be “deemed” as such. Further, both the retired judge and the President of India are required to consent to the appointment.

• The detailed procedure can be found in the 1998 Memorandum of Procedure (MOP) for the appointment of High Court judges, prepared following the creation of the collegium system for appointing judges.

• The MOP states that after the retired judge has consented to the appointment, the Chief Justice must forward her name and details on the duration of the appointment to the state’s Chief Minister. The CM will pass this recommendation to the Union Law Minister, who will consult the Chief Justice of India before forwarding the recommendation and the CJI’s advice to the Prime Minister of India. The PM will advise the President on whether to give her approval.

Do You Know:

• The SC, in Lok Prahari, was considering measures to address pending cases before the courts and the vacancies in posts for HC judges, stating that “A number of vacancies arising every year are barely filled in by fresh appointments”. At the time, the SC was faced with nearly 40% vacancies across all High Courts. The court also took note of Law Commission reports published in 1979, 1988, and 2003, which suggested that temporarily appointing retired judges who already have decades of experience is a viable solution to tackle the mounting backlog of cases.

• Most importantly, the court held ad hoc judges can only be appointed when recommendations have not been made for less than 20% of the vacancies, after considering both the number of active judges and pending proposals for judge appointments.

• In 2021, the SC noted there have only been three recorded instances of ad hoc judges being appointed under Article 224A, calling it a “dormant provision”. These include:
—The appointment of Justice Suraj Bhan to the Madhya Pradesh HC in 1972 for one year to hear election petitions;
—The appointment of Justice P. Venugopal to the Madras HC in 1982. His term was renewed for another year in August 1983;
—The appointment of Justice O P Srivastava to the Allahabad HC in 2007 to hear the Ayodhya title suits.

Other Important Articles Covering the same topic:

📍To clear case backlog, SC paves way for appointment of ad-hoc judges in HCs

UPSC Practice Prelims Question Covering similar theme:
6. Which of the following is NOT a challenge associated with the appointment of retired judges as ad hoc judges?
(a) Risk of undermining the regular judiciary
(b) Difficulty in securing consent from retired judges
(c) Constitutional prohibition on their appointment
(d) Possible conflicts with judicial independence

Trump’s tariffs threat

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

What’s the ongoing story: During his election campaign, Donald Trump had said “tariff” is his “favourite word in the dictionary” and that he would use tariffs to boost domestic manufacturing in the US.

Key Points to Ponder:

• What are tariffs?

• Why tariffs are imposes?

• How are tariffs retaliated?

• Did Trump’s tariffs against China work in the past?

• Discuss the implications of Trump’s tariff threats on global trade dynamics.

Key Takeaways:

• The world over, policymakers and economy analysts are waiting nervously for newly inaugurated US President Donald Trump to announce tariffs against some or many countries.

• The expectation has been built in because during his election campaign, Trump had said that “tariff” is his “favourite word in the dictionary” and that he would use tariffs to boost domestic manufacturing in the US.

• In particular, he intends to target countries with whom the US has deep trade relations such as China, Mexico and Canada.

• As things stand, Trump has held off unveiling any specific tariffs. Instead, he has ordered his team to study how China reacted to the tariffs Trump imposed during his first term.

• Ajay Srivastava, a former member of the Indian Trade Service, and currently the head (and founder) of Global Trade Research Initiative (GTRI) says, while US imports from China declined by $81.56 billion between 2017 and 2023, the overall US trade deficit (across all trading partners) widened as imports shifted to non-Chinese sources, bypassing tariffs through free trade agreements.

• According to his study, key beneficiaries of the trade war included Mexico, Canada, and ASEAN nations, which collectively accounted for 57% of the growth in US imports.

• The big worry for India is: Are Indian exporters ready and capable to make use of the opportunity when a new trade war happens or will India become one of those markets that is used to pass through Chinese goods to the US, without much value-addition at the domestic level?

Do You Know:

• A tariff is essentially a tax that a government imposes on goods that are being imported into the country in question (the US in this case). Imagine a scenario where domestic US car manufacturers sell a car for $120 and Chinese cars are imported and sold for $100. It is quite likely that overtime, Chinese car imports rise as US consumers prefer to buy the cheaper car. This has three broad implications.
—One, the US domestic car manufacturing firms lose out because of low sales. Their workers either get laid off, or at the very least, get poor salary increments. Moreover, few new jobs will be created.
—Two, US trade deficit balloons. A trade deficit is the difference between the value of imports and exports, and it essentially means money flowing out of the country.
—Three, consumers are getting cheaper cars.

• The US government may decide to do so for one or more of the following three reasons:
—Protect US domestic car industry: After tariffs, the Chinese car would now cost $150 and as such will be costlier than the US car ($120). Arguably, the demand will shift to US car makers and the whole industry will be better off financially.
—Raise government tax revenues: The US government may decide to raise some money by taxing a product that seems to be selling well. It is possible that if earning more revenues is the only concern, the tariff rate may not be 50%, instead much lower, say 5% or 10%, so that Chinese cars sales don’t completely dry up.
—Force the Chinese car manufacturers to set up a factory inside the US: This is called Foreign Direct Investment (FDI) and it is a good way to ensure that domestic consumers get better or cheaper cars without domestic workers losing out jobs.

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PRELIMS ANSWER KEY

1. (a)  2. (d) 3. (c) 4. (c) 5.(b) 6.(c)

 

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