1) Appointment of Judges in Supreme Court: The Supreme Court of India recently witnessed the administration of oath to two new judges, Justice Prashant Kumar Mishra, and Justice K.V. Viswanathan, by Chief Justice of India DY Chandrachud
- Originally, the Supreme Court had eight judges (one chief justice and seven others). The current strength of the Supreme Court is 34 judges (one chief justice and 33 others)
- According to Article 124(3) of the Constitution, a person can be appointed as a judge of the Supreme Court if he or she:
– A person must be a citizen of India
-Must have served as a judge of a High Court for at least five years or two such courts in succession
-Alternatively, must have been an advocate of a High Court for at least ten years or two or more such courts in succession
-Must be a distinguished jurist in the opinion of the president
- The Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution
- Every appointed judge must make and subscribe to an oath which includes commitments to uphold the Constitution, sovereignty and integrity of India, and perform duties without fear or favour
- A judge of the Supreme Court serves until they reach the age of 65 years
- Salaries, allowances, privileges, leave, and pension of Supreme Court judges are determined by Parliament and are charged upon the Consolidated Fund of India
- After retirement, a judge of the Supreme Court is prohibited from practicing law in any court in India or pleading before any government authority, except by Article 128
- A judge of the Supreme Court can only be removed from office by an order of the President supported by a special majority in both Houses of Parliament
- Judges of the higher judiciary are appointed through the collegium (consisting of the Chief Justice of India and the four senior-most judges of the Supreme Court)
2) Custodial Torture: Recently, two police officers were suspended on the charges of Custodial Torture (Violence), assaulting the accused in Police custody
- Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities
- Types of Custodial Death: (i) Death in Police Custody, (ii) Death in Judicial Custody, (iii) Death in the Custody of Army or Paramilitary Forces
- According to the Ministry of Home Affairs (MHA), a total of 146 cases of death in police custody were reported during 2017-2018
- Challenges in Preventing Custodial Torture in India: Lack of ratification of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which India signed in 1997 but has not yet ratified
3) Rohingya Refugees in India: A recent report titled ‘A Shadow of Refuge: Rohingya Refugees in India’ sheds light on the challenges faced by Rohingya refugees in India
- Concerns Related to Rohingya: (i) India’s refusal to grant exit visas to Rohingya refugees who have completed refugee status determinations and gained approval for resettlement in third countries, (ii) Stigmatisation and Anti-Refugee Sentiment, (iii) Actual and threatened deportations have instilled a sense of fear within the Rohingya community, compelling some to return to camps in Bangladesh, (iv) The report details the dire living conditions of Rohingya refugees in India, residing in slum-like settlements without safe running water, toilets, or access to basic healthcare and education
- Recommendations: (i) India should formally recognize Rohingya refugees as individuals with a right to asylum rather than as illegal migrants and establish domestic laws on refugees, (ii) India can recognize UNHCR cards as sufficient for accessing basic education, work, and health services, (iii) Treating refugees better would enhance India’s global credibility and serve national security interests by documenting new arrivals and discouraging them from remaining under the radar
