Context:

• The controversy surrounding the discovery of massive cash at Delhi HC judge Justice Yashwant Varma's home last week has reignited interest in the debate of judicial appointments in India.
• “Things would have been different” if the Supreme Court had not struck down the National Judicial Appointments Commission Act passed by Parliament in 2014." (Vice President Jagdeep Dhankhar)

Judicial Appointments in India:

• Article 124 of the Constitution establishes and governs the Supreme Court of India.
• Article 124 (2): The President, on the advice of the Council of Ministers, appoints Supreme Court judges in consultation with the Chief Justice of India (CJI).
• B.R. Ambedkar opposed granting veto power to the CJI, rejecting the substitution of “consultation” with “concurrence.”

Evolution of Judicial Appointments:

• Early years (1950-1970s):
  • Initially, the executive had full discretion in appointing judges.
  • Judicial independence was not a major issue despite constitutional amendments.
  • The 1970s saw executive interference, including the supersession of judges, leading to concerns over judicial autonomy.
  • For example, Justice M H Beg was appointed CJI in 1977, overlooking Justice H R Khanna, who was first in seniority.
• First Judges case (1981) - S P Gupta case: The Supreme Court ruled that “consultation” (in Article 124) does not mean “concurrence.” The executive retained discretion in judicial appointments.
• Second and Third Judges cases (1993 and 1998):
  • The Court reversed its earlier stance, ruling that “consultation” meant “concurrence.”
  • The collegium system was established, transferring power from the executive to a body of judges.

The Collegium System:

• Established through judicial rulings, not mentioned in the Constitution.
• Headed by the CJI, it includes the four senior-most Supreme Court judges.
  • It makes recommendations for the appointment of judges to the SC, the appointment of Chief Justices of the High Courts, and the transfer of judges of High Courts.
• A three-member collegium, headed by the CJI and comprising the two senior-most judges of that court, makes recommendations for the appointment of judges to the High Courts.
• The collegium system is often criticized for lack of transparency, accountability, and lobbying within the system.

The National Judicial Appointments Commission (NJAC):

• The Parliament passed the Constitution (99th Amendment) Act, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014.
• These two laws provided for an independent commission to appoint judges to the SC and High Courts, replacing the collegium system.
• The NJAC comprised six members:
  • Chief Justice of India (Chairperson)
  • Two senior-most Supreme Court judges
  • Union Minister of Law and Justice
  • Two eminent persons from civil society (one from SC/ST/OBC/minorities or women) to be nominated by a committee comprising the CJI, the PM, and the LoP in Lok Sabha.
• It enjoyed near-unanimous political support and was ratified by 16 state legislatures.

Striking Down of NJAC (2015):

• The Supreme Court declared NJAC unconstitutional in a 4:1 judgment.
• Key issue: Veto power of non-judicial members, allowing any two NJAC members to reject a recommendation and risking the judiciary being outnumbered by the executive.
• The Court invoked the Basic Structure Doctrine, ruling that judicial primacy in appointments is essential for judicial independence.
• Justice Jasti Chelameswar’s dissenting opinion: Criticized the collegium system’s secrecy, lack of transparency, and lobbying. Argued that NJAC was a better alternative if properly structured.
• Justice Kurian Joseph (concurring judgment):
  • Acknowledged lack of transparency, accountability, and credibility in the collegium system.
  • Later regretted striking down NJAC, citing collegium failures.

Can NJAC be Revived?

• The NJAC was struck down before being tested in practice, leaving room for revisiting judicial reforms.
• Alternative proposals suggest modifications:
  • Giving the CJI a casting vote to ensure judicial predominance.
  • Eliminating the veto power of non-judicial members.
  • Ensuring appointments are not subject to executive reconsideration.

Conclusion and the Way Forward:

• The NJAC case was a missed opportunity for judicial reforms.
• Growing concerns over collegium opacity and internal politics warrant a fresh debate on judicial appointments.
• A balanced system ensuring both judicial independence and accountability remains a key issue in India’s constitutional framework.

Q1. How has the interpretation of Article 124 of the Indian Constitution evolved over time?

Ans. Article 124 (outlines the appointment process of SC judges), initially vested power with the executive but later evolved into the collegium system through judicial interpretation.

Q2. What led to the establishment of the collegium system, and how does it function?

Ans. The collegium system emerged from SC rulings in the 1990s to ensure judicial independence, granting a panel of senior judges, led by the CJI, the authority to recommend judicial appointments and transfers.

Q3. What was the National Judicial Appointments Commission (NJAC), and why was it struck down by the Supreme Court?

Ans. The NJAC, introduced by the 99th Constitutional Amendment, sought to replace the collegium system with a commission involving the executive, but it was struck down in 2015 for violating the "basic structure" doctrine.

Q4. Why was the NJAC Act widely supported in Parliament, yet faced judicial opposition?

Ans. The NJAC Act had near-unanimous political support, with 16 states ratifying it, but the judiciary opposed it due to concerns over potential compromise of judicial independence.

Q5. What were the key criticisms of the collegium system?

Ans. Critics, including Justice Jasti Chelameswar, have argued that the collegium system lacks transparency, accountability, and credibility, leading to opaque appointments and internal lobbying. 

Source: IE

Context

• Scientific progress is a cornerstone of national development, and nations that prioritise research and innovation tend to lead the global economy.
• At a recent National Science Day function, India’s Union Minister for Science and Technology made an ambitious claim: India will overtake the United States in the number of scientific publications by 2029.
• However, a deeper examination of international research metrics, funding allocation, and research quality suggests that this assertion is more aspirational than realistic.

Comparing Research Output and Investments

• A crucial factor in scientific progress is the level of investment in research and development (R&D).
• The data for six leading research nations illustrate a stark contrast: Israel spends 6.3% of its GDP on R&D, South Korea 4.9%, Japan 3.3%, the United States 3.46%, Germany 3.13%, China 2.4%, and India a mere 0.67%.
• These figures highlight a fundamental problem, India cannot expect to compete with scientific powerhouses while investing significantly less in R&D.
• China’s research dominance is backed by long-term strategic investments in education and scientific infrastructure.
• Since 2006, China has implemented a well-planned Medium-to-Long-Term Plan (MLP) for science and technology development, leading to a research output of 898,949 publications.
• In contrast, the U.S. produced 457,335 publications, while India lagged with 207,390 papers.
• Given these figures, India's claim that it will surpass the U.S. in research output by 2029 appears unfounded.

The Issue of Research Quality

• A more relevant measure of impact is the quality of research, which can be evaluated using citation impact, the Hirsch Index (H-Index), and the Impact Factor (IF) of journals in which papers are published.
• According to Clarivate, a global research analytics firm, India’s citation impact (CNCI) stands at 0.879, compared to 1.12 for China and 1.25 for the U.S. Among 30 ranked countries, India is positioned at a disappointing 28th place.
• A case study in chemistry research provides further insight. An analysis of publications in top-tier chemistry journals between 2017 and 2024 revealed that the U.S., China, and India contribute vastly different numbers of papers.
• For instance, in the prestigious Journal of the American Chemical Society (JACS), the U.S. published 8,503 papers, China 5,521, and India only 305.
• Moreover, a breakdown of Chinese institutions shows that even second-tier Chinese universities produce significantly more research than India’s premier institutions, such as the Indian Institutes of Technology (IITs).
• This disparity underscores India's weak research ecosystem and the need for deeper systemic changes.

The Challenge of Ethics and Research Integrity in Indian Science

• The Proliferation of Predatory Journals
  • These journals often have misleading impact factors, fake editorial boards, and little to no editorial oversight.
  • A 2018 study found that 62% of the world's standalone predatory journals originate in India.
  • This means that a significant portion of Indian research is published in outlets that do not ensure academic rigor, thereby diminishing its global credibility.
  • The most infamous case is the Hyderabad-based Omics Group, which was fined $50 million by the U.S. Federal Trade Commission (FTC) in 2019 for deceptive publishing practices.
  • The Omics Group published thousands of articles in questionable journals, falsely claiming that they were peer-reviewed and had high impact factors.
  • It also tricked researchers into paying hefty publication fees, exploiting the pressure on Indian academics to publish in large numbers for career advancement.
  • With 69,000 articles published through this unethical model, Omics significantly polluted global scientific literature, making it difficult to distinguish legitimate research from junk science.
• Plagiarism and Fabrication of Data
  • Plagiarism and data fabrication are other pressing concerns in Indian academia. Many research papers have been found to be either copied from existing work or based on manipulated data.
  • This unethical behaviour is often driven by institutional pressures to meet publication quotas for promotions and funding.
  • Several high-profile cases have exposed these issues. In 2020, a senior professor at Banaras Hindu University (BHU) was accused of plagiarising multiple research papers.
  • Similarly, the Indian Institute of Science Education and Research (IISER) saw a scandal where fabricated data was used in published research.
  • Retractions of Indian research papers due to plagiarism and falsification have been steadily increasing, leading to embarrassment for the country’s scientific community.
• The Weakness of the Peer Review System
  • A robust peer review system is essential for maintaining scientific quality, but in India, this system is often compromised.
  • Many researchers manipulate the peer review process by suggesting their friends and colleagues as reviewers, ensuring favourable reviews.
  • In some cases, journal editors have been found to approve papers without proper scrutiny, particularly in low-quality or predatory journals.
  • A notable example occurred in 2019, when more than 250 Indian research papers were retracted by international publishers due to concerns over manipulated peer reviews and duplicated content.
• The Pressure to Publish: ‘Publish or Perish’ Culture
  • A major reason behind the rise of unethical practices in Indian research is the ‘publish or perish’ culture.
  • Academic promotions, funding grants, and job security in Indian universities are often linked to the number of publications rather than their quality.
  • As a result, researchers are incentivised to publish as many papers as possible, often without regard for originality or impact.
  • In contrast, leading scientific nations like the United States and Germany emphasize research quality over quantity.

The Impact on India's Scientific Reputation and The Path Forward for Indian Science

• The Impact on India's Scientific Reputation
  • The global scientific community is increasingly aware of India’s research integrity crisis.
  • Several major international journals and indexing platforms, such as Clarivate and Scopus, have started scrutinising Indian research more closely.
  • This means that even genuine Indian scientists now face scepticism when submitting their work to prestigious journals.
  • Furthermore, international collaborations are at risk. Many foreign universities and research institutions hesitate to partner with Indian researchers due to concerns about scientific integrity.
  • This affects India's ability to attract global research funding, grants, and talent.
• The Path Forward for Indian Science
  • Increasing R&D Investment: India must aim to raise its R&D spending from the current 0.67% of GDP to at least 2%, aligning itself with other leading nations.
  • Strengthening Higher Education and Research Infrastructure: China’s success stems from its strategic investment in universities and research institutions. India must similarly improve the quality of education, research facilities, and funding for scientists.
  • Enhancing Research Integrity: The prevalence of unethical publishing practices must be curbed through stricter regulations, better peer review mechanisms, and more rigorous academic oversight.
  • Focusing on Innovation and Industry Collaboration: Collaboration between universities, research institutions, and the private sector should be encouraged to translate research into practical applications.

Conclusion

• India's dream of becoming a global leader in science is achievable, but not without significant reform.
• Merely increasing the number of scientific papers will not propel the country forward if the quality remains poor and ethical concerns persist.
• As Einstein aptly put it, ‘Not everything that can be counted counts. Not everything that counts can be counted.’
• If India genuinely seeks to rival scientific giants like the U.S. and China, it must address the fundamental flaws in its research ecosystem, prioritise quality over quantity, and make substantial long-term investments in science and technology.

Q1. What is a major reason for the rise of unethical research practices in India?

Ans. The "publish or perish" culture, where academic promotions and funding are based on the number of publications rather than quality.

Q2. What was the Hyderabad-based Omics Group fined for?

Ans. The U.S. Federal Trade Commission fined Omics Group $50 million for deceptive publishing practices, including fake peer reviews and misleading impact factors.

Q3. How many standalone predatory journals worldwide originate from India?

Ans. 62% of the world's standalone predatory journals are based in India.

Q3. What initiative did the UGC introduce to tackle predatory publishing?

Ans. The UGC CARE List, which identifies legitimate journals and blacklists predatory ones.

Q5. How can India improve its research integrity?

Ans. By enforcing stricter regulations, improving peer review, imposing penalties for fraud, and shifting focus from quantity to quality in academic research. 

Source:The Hindu

Context

• On World Water Day (March 22, 2025), Prime Minister Narendra Modi emphasised the necessity of collective action for water conservation, highlighting the importance of securing water resources for present and future generations.
• Coinciding with this, the Ministry of Jal Shakti launched the Jal Shakti Abhiyan: Catch the Rain 2025, a campaign that underscores the need for community participation in water management.
• While such initiatives reflect a growing awareness of water-related challenges, a critical analysis of India's rural water policies reveals significant gaps that need urgent attention.

The Role of Communities in Water Management

• A fundamental issue in India’s water policies is the limited role of communities in decision-making processes.
• Indigenous and local communities possess valuable ecological knowledge, yet their participation in water governance remains superficial.
• Current policies largely focus on community involvement in the management of water sources, while decision-making power remains concentrated with state authorities.
• This restricts the ability of communities to implement their own traditional water conservation methods, leading to a top-down, one-size-fits-all approach that often disregards local environmental dynamics.
• For instance, Water User Associations (WUAs), introduced in various states since the 1990s, were designed to promote participatory irrigation management.
• However, while these associations give farmers the responsibility of managing irrigation sources, they lack real authority in shaping broader water policies.
• This limited autonomy reduces their effectiveness and highlights the need for a more decentralized and inclusive governance framework.

Key Issues in Water Governance and Solutions

• Addressing Water Vulnerability Among Marginalised Groups
  • Water policies must also consider the unequal impact of water crises on different social groups.
  • Subaltern and economically marginalised communities are disproportionately affected by environmental challenges.
  • This is particularly evident among groups that experience both social and economic marginalisation, as they often lack access to adequate water resources and infrastructure.
  • To create equitable water policies, it is essential to ensure the participation of vulnerable groups in water governance.
  • Recognising their agency and traditional knowledge can lead to more inclusive and sustainable water management systems.
  • A truly participatory approach should not only provide marginalised communities with a voice but also equip them with the necessary resources and support to actively shape water policies.
• Moving Beyond Fragmented Water Governance
  • A major challenge in India’s water management framework is the fragmentation of policies and governing bodies.
  • Currently, different aspects of the ecosystem, such as forests, land, water, and biodiversity, are governed by separate policies and authorities.
  • This siloed approach ignores the interdependent nature of these elements, leading to inefficiencies and unintended negative consequences.
  • A successful integrated approach can be seen in the traditional ecological practices of rural communities in western India.
  • A notable example is the establishment of orans, sacred forests that hold religious, cultural, and ecological significance.
  • Many communities use orans for water conservation, as they enhance tree and grass cover, which in turn traps surface runoff and supports rainwater harvesting.
  • This holistic understanding of ecosystem interdependence serves as a model for future water policies.
  • Instead of fragmented governance, India must adopt an integrated policy approach that recognizes the mutual relationship between water, land, forests, and biodiversity.
• Incorporating a More-Than-Human Perspective
  • Globally, environmental governance is shifting towards a more-than-human perspective, which acknowledges that nature has intrinsic value beyond human needs.
  • Many legal frameworks worldwide have started recognising the rights of nature, with courts developing jurisprudence that grants ecosystems legal protection.
  • However, India’s water policies remain anthropocentric, focusing exclusively on human water needs.
  • Interestingly, certain rural communities in India have already embraced a more-than-human approach in their water governance.
  • For example, in some regions of western India, irrigation practices are adjusted based on the availability of water for animals, ensuring that ecosystem health is prioritised.
  • India’s formal water policies should learn from these community-led practices and incorporate legal frameworks that protect natural water bodies as living entities rather than mere resources for human consumption.

The Climate Change Imperative

• Climate change poses a significant threat to India’s water security. A recent study in Nature predicts that India’s water gap will widen as global temperatures rise.
• Given this alarming projection, water policies must prioritise climate resilience by:
  • Developing climate-resilient water systems that can withstand erratic rainfall patterns and extreme weather events.
  • Enhancing the resilience of existing water infrastructure to prevent water shortages and depletion.
  • Integrating climate adaptation policies that focus on ecosystem restoration to reduce the impact of droughts and floods.
• For instance, India must promote traditional rainwater harvesting techniques, such as stepwells and check dams, while simultaneously leveraging modern innovations like smart irrigation systems and climate-responsive water storage facilities.

The Way Forward: Beyond Rhetoric, A Call for Action

• While current policies emphasise community participation, they often fall short in practical implementation.
• Rural water policies must move beyond symbolic engagement and ensure that local voices play a central role in shaping decision-making processes.
• At the same time, it is crucial to acknowledge that traditional community practices may have certain limitations.
• Addressing these requires capacity-building initiatives and sensitization programs to equip communities with the latest scientific knowledge and technology without undermining their ecological wisdom.

Conclusion

• India’s water policies must undergo a fundamental shift to align with contemporary environmental challenges.
• This requires empowering communities, addressing social vulnerabilities, adopting integrated ecosystem-based governance, and ensuring climate resilience.
• Moreover, policymakers must incorporate a more-than-human perspective, recognizing that water conservation is not just a human concern but a broader ecological necessity.
• By creating genuine community participation and moving beyond fragmented governance, India can create a sustainable and equitable water management framework that serves both present and future generations.

Q1. What is the main issue with community participation in India's water policies?

Ans. Communities have limited decision-making power, as governance remains centralized with state authorities.

Q2. How do marginalized groups face disproportionate water challenges?

Ans. They are more vulnerable to water crises due to social and economic marginalization, limiting their access to resources.

Q3. What is an example of integrated water conservation in rural India?

Ans. The orans (sacred forests) in western India help conserve water by increasing tree and grass cover, reducing surface runoff.

Q4. How does climate change threaten India's water security?

Ans. Rising temperatures will widen the water gap, making climate-resilient water systems essential for sustainable management.

Q5. What is meant by a "more-than-human" perspective in water governance?

Ans. It means recognizing nature’s intrinsic value and ensuring water policies consider ecological well-being, not just human needs. 

Source:The Hindu