Recusal of Judges in Judiciary

Why in News?

Recently, the CJI Surya Kant stepped away from hearing a batch of petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, marks the second CJI to recuse from hearing the case.

What does recusal mean?

• Recusal – It is the voluntary withdrawal of a judge, prosecutor, or juror from a case.
• This is done to ensure that the case is decided fairly and that the outcome is not influenced by the personal biases of the judge.
• Principle of Fairness – The practice of judicial recusal arises from the principle of due process of law, which requires fairness and impartiality in every case.
• Recusal safeguards the integrity of the justice system by maintaining public confidence in its fairness and impartiality.
• Process of Recusal – When a judge recuses themselves, the case is reassigned to another judge to ensure neutrality.
• Judicial Discretion – The decision to recuse rests entirely on the judge’s conscience, no party can compel a judge to step aside.
• Reasons – It usually takes place when a judge has,
  • A possible conflict of interest like holding shares in a company that is a litigant;
  • A prior association with the parties involved in the case which may lead to lack of impartiality.
  • When an appeal is filed in the SC against a judgement of a HC that may have been delivered by the SC judge when the judge was in the HC.

What about its origin and what rules govern it?

• Origin in Natural Justice – Recusal flows from one of the oldest maxims of natural justice - nemo judex in causa sua — no one shall be a judge in their own cause.
• No Codified Law – India does not have a statutory framework that defines recusal standards.
• Reliance on Judicial Practice – The issue has been shaped through Supreme Court judgments, which emphasize that recusal is guided by the judge’s own conscience.
• Governing Principle – India relies on judicial conscience and case law, rather than legislation, to determine when a judge should step aside.
• Evolution in Indian Law
• Manak Lal v. Dr. Prem Chand, 1957 – Judges were automatically disqualified if they had any pecuniary interest, it toward a standard of real likelihood of bias.
• Ranjit Thakur v. Union of India, 1987 – Refined further, the test became whether there is a reasonable apprehension of bias, not just a remote possibility, justifies withdrawal.
• State of West Bengal v. Shivananda Pathak (1998) – The Court defined bias as a condition of mind that makes a judge incapable of impartiality in a particular case.
• This case clarified that recusal is necessary when a judge’s mindset prevents fair adjudication.
• Supreme Court Advocates-on-Record Association v. Union of India (2015) – The Court held that if a judge has a pecuniary interest, no further inquiry is required, it emphasizes automatic disqualification in pecuniary interest situations.
• Global Practice
• United States – Section 455 of Title 28 of the U.S. Code requires federal judges to disqualify themselves whenever their impartiality might reasonably be questioned.
• United Kingdom – The Judicial Conduct and Investigations Office (JCIO) has issued guidelines on judicial recusal, outlining the principles judges should follow when deciding whether to step aside from a case.
• Canada – The Canadian Judicial Council (CJC) has issued a judicial code of conduct, which specifically includes provisions on judicial recusal, guiding judges on when they should step aside to ensure impartiality.

What is the relevant NJAC precedent & the present case?

• Background – In Supreme Court Advocates-on-Record Association v. Union of India (2015), the validity of the National Judicial Appointments Commission Act, 2014 was challenged before a five-judge Constitution Bench.
• Recusal Request – A plea was made for Justice J.S. Khehar to recuse, since he would eventually become Chief Justice and thus had an institutional stake in whether the Collegium or NJAC governed future appointments.
• Justice Khehar’s Reasoning
  • Conflict affects all judges – Every judge faced the same institutional stake, either under the Collegium or NJAC.
  • Doctrine of Necessity – When all judges are equally conflicted, the court must still hear the case, as no alternative forum exists.
  • Precedent Concern – He refused recusal, stating that stepping aside would set a wrong precedent.
• Justice Kurian Joseph’s View – In his concurring opinion, Justice Kurian Joseph emphasized that a judge who recuses has a constitutional duty of transparency, that indicating reasons for withdrawal is itself part of the oath under the Third Schedule of the Constitution.
• The Present Case (CEC Law Challenge)
• Collective Conflict – CJI Surya Kant’s recusal differs from NJAC logic, since every judge is a potential future CJI under the seniority convention.
• Thus, the conflict of interest that led Chief Justice Surya Kant to recuse affects all judges simultaneously.
• Necessity Principle – Under the doctrine of necessity, the Supreme Court must still hear the case, since no other court of equal jurisdiction exists.
• Concerns raised – His direction to exclude judges in line of succession raises concerns -
  • Recusal is a matter of individual conscience, not be mandated in advance by a predecessor.
  • Judicial succession is uncertain (due to resignation, health, or death), making such exclusions problematic.

What is the need for codification?

• Absence of Codified Rules – India has no statute governing judicial recusal, no binding code of conduct enforceable against Supreme Court judges, and no mechanism to review a recusal decision once made.
• Lessons from the U.S. – The American experience illustrates both the value of clear rules and their limits without an external review mechanism; at the apex level it remains entirely self-enforced.
• The CEC law dispute – Two successive Chief Justices have now recused from the same case, underscores the urgency, as benches are currently constituted by informal direction rather than principled rule, the deficit is institutional as much as it is individual.

What lies ahead?

• India’s constitutional framework is well-served by judges who exercise their discretion with care.
• It would be better served by a formal framework that transforms discretion into binding obligation, ensuring consistency, transparency, and institutional integrity.

Reference

The Hindu | When the Chief Justice steps away?

India’s Push for Piped Natural Gas (PNG)

Why in News?

India is witnessing a significant policy shift in its domestic energy ecosystem, with a growing emphasis on expanding Piped Natural Gas (PNG) connections.

What is LPG, LNG, PNG, and CNG?

• Liquefied Petroleum Gas (LPG) – A mixture of propane and butane.
• Produced as a by-product of crude oil refining and natural gas processing.
• Stored in cylinders and delivered physically to households.
• Widely used for cooking due to ease of transport and distribution.
• Liquefied Natural Gas (LNG) – Natural gas cooled to below –160°C to convert it into liquid form.
• Volume reduces by ~1000 times, making it suitable for long-distance shipping.
• Imported via specialized LNG carriers and regasified at terminals.
• Piped Natural Gas (PNG) – Natural gas delivered directly to households through pipelines.
• Considered a cleaner and more efficient fuel for cooking.
• Eliminates the need for cylinder storage and manual refilling.
• Compressed Natural Gas (CNG) – Natural gas compressed to high pressure (200–250 kg/cm²).
• Primarily used as a transportation fuel.
• Reason for LPG adoption – India’s large-scale adoption of LPG was driven by logistical convenience:
  • Ease of last-mile delivery through cylinders.
  • Lower infrastructure requirements compared to pipelines.
  • Suitability for rural and semi-urban areas.
• Building a nationwide pipeline network was historically capital-intensive and time-consuming, making LPG a practical solution

What is the reasons for shifting to PNG?

• High import dependence on LPG – India imports a significant portion of its LPG requirements:
  • Annual consumption – 34 million tonnes.
  • Domestic production – 12 million tonnes.
  • Around 60% is imported, largely from West Asia.
• Recent geopolitical tensions, especially disruptions in the Strait of Hormuz, have exposed vulnerabilities in LPG supply chains.
• Diversified supply sources for natural gas – LNG can be sourced globally, unlike LPG which is concentrated in a few regions.
• Global LNG liquefaction capacity is expanding, ensuring better availability.
• India imported ~27 million tonnes of LNG last year, comparable to domestic production.
• Energy security and strategic autonomy – PNG reduces dependence on:
  • Maritime chokepoints.
  • Limited supplier nations.
• Domestic production, led by entities like Oil and Natural Gas Corporation (ONGC), is also expected to increase, strengthening self-reliance.
• Economic and consumer benefits – PNG is often cheaper than LPG in urban areas.
• Continuous supply eliminates booking delays.
• Safer due to lower density (disperses quickly if leaked).
• Environmental considerations – Natural gas is a cleaner fossil fuel:
  • Lower carbon emissions.
  • Minimal particulate matter.
  • Helps India meet climate commitments.
• Feasibility of replacing LPG  by PNG
• Domestic Use
  • PNG can act as a drop-in replacement for LPG.
  • Energy differences are negligible for cooking purposes.
• Industrial Use – Requires retrofitting or recalibration of equipment.
  • MSMEs face barriers due to:
  • Lack of awareness.
  • Technical limitations.

What are the government initiatives to promote png?

• Expansion of pipeline infrastructure
  • Existing network: ~25,000 km.
  • Under construction: ~10,500 km.
• Policy reforms
  • Faster approvals for pipeline expansion.
  • Mandated timelines for infrastructure development.
• Target setting
  • 12 crore PNG connections by 2034.
  • Current connections: ~1.5 crore.
• Regulatory push
  • Households discouraged from holding both LPG and PNG connections.
  • Expected migration of ~60 lakh households to PNG.
• Role of city gas distribution (CGD)
  • Licenses granted for over 300 geographical areas.
  • Focus on urban and semi-urban expansion.

What are the challenges in expanding PNG?

• Infrastructure constraints – Pipeline network concentrated in western and northern India.
• Many regions in central, southern, and northeastern India lack connectivity.
• Last-mile connectivity – Urban congestion and regulatory hurdles delay pipeline laying.
• Permissions, land acquisition, and NOCs remain bottlenecks.
• Supply constraints – Current domestic production insufficient for large-scale transition.
• Increasing PNG demand may divert gas from:
  • Fertilizer sector (~30% usage)
  • Power sector (~13%)
  • Industries (~35%)
• Import dependency for LNG – LNG imports may increase to meet demand.
• India lacks long-term storage capacity, unlike Europe.
• System operates on a just-in-time supply model, making it vulnerable.
• Industrial adaptation issues – Industries using LPG (e.g., welding) need equipment changes.
• Resistance due to cost and lack of technical expertise.

What are the future prospects?

• Increase in domestic production – ONGC’s KG basin projects expected to boost output by 10–15%.
• Potential 25% increase projected by industry analysts.
• Expansion of LNG terminals – India already has ~9 LNG import terminals.
• Further expansion will support rising demand.
• Policy and regulatory support – Continued reforms by Ministry of Petroleum and Natural Gas (MoPNG).
• Support from Petroleum and Natural Gas Regulatory Board in easing infrastructure rollout.

What lies ahead?

• India’s push toward PNG reflects a strategic shift aimed at enhancing energy security, reducing import dependence, and promoting cleaner fuel usage.
• While LPG will continue to dominate in the near term—given its vast existing base of over 30 crore connections—the gradual expansion of PNG represents a forward-looking transition.
• However, success will depend on overcoming infrastructural bottlenecks, ensuring adequate gas supply, and facilitating industrial adaptation.
• A balanced, phased approach integrating both LPG and PNG will be crucial for achieving India’s long-term energy goals.

Reference

The Hindu| India Pushing for Piped Gas

INS Agray

Why in News?

The Indian Navy has received INS Agray, the fourth (ASW SWC), indigenously designed and built by GRSE, Kolkata.

• Classification – It is an Anti‑Submarine Warfare Shallow Water Craft (ASW SWC).
• It is the 4^th ship in the 08 x Anti-Submarine Warfare Shallow Water Craft (ASW SWC) Arnala-class.
• Objectives - This vessel is specially designed for:
  • Anti-submarine warfare
  • Coastal surveillance
  • Mine detection and neutralization
• It will mainly operate in shallow coastal waters, where large warships face difficulty.
• Historical Legacy – Named after the erstwhile INS Agray (1241 PE Class Patrol Vessel), decommissioned in 2017.
• Design & Construction – Designed and constructed by Garden Reach Shipbuilders and Engineers (GRSE), Kolkata.
• Built in accordance with Indian Register of Shipping (IRS) classification rules.
• Over 80% indigenous content, involving MSMEs and domestic industry.
• Key Features

1. Waterjet Propulsion System - Unlike traditional ships, it uses waterjet propulsion.
   • Benefits
     • Better manoeuvrability
     • Lower noise levels (important for stealth operations)

2. Low Acoustic Signature - The vessel produces less noise, making it harder for submarines to detect. This is crucial for successful anti-submarine missions.

• Powerful Anti-Submarine Warfare Capabilities
• INS Agray is specially built to detect and neutralize underwater threats.
• It is equipped with:
  • Advanced SONAR systems (Sound Navigation and Ranging)
  • Indigenous rocket launchers
  • Lightweight torpedoes
• These systems help in
  • Detecting enemy submarines
  • Tracking underwater movement
  • Launching precise attacks
  • Designed for Complex Coastal Environments
• Operational Roles
  • Anti‑Submarine Warfare (ASW) - Detection and engagement of submarines in shallow waters.
  • Mine Warfare - Capable of mine detection and neutralisation.
  • Coastal Defence - Surveillance and protection of littoral zones.
  • Fleet Support - Escort and protection in near‑shore operations.
• Strategic Significance –
  • Strengthens maritime security in the Indian Ocean Region.
  • Reflects India’s self‑reliance in warship design and construction.
  • Supports employment generation and expansion of the domestic defence ecosystem.

Reference

PIB | INS Agray

Atoms4NetZero

Why in News?

Atoms4NetZero was officially launched recently as a global initiative to support Member States in using nuclear energy for their net zero transition.

• Aim – To support Member States in integrating nuclear energy into national energy mixes for achieving net zero goals.
• Launched by – International Atomic Energy Agency (IAEA).         
• Launched in – January 2025 at COP27.

27^th Conference of the Parties to the United Nations Framework Convention on Climate Change, was held from 6 to 20 November 2022 in Sharm El-Sheikh, Egypt.

• Members –   IAEA Member States (developed + developing), industry partners, financial institutions, international organisations.
• Focus –
  • Decarbonising electricity production.
  • Addressing difficult sectors (industry, transport).
  • Strengthening energy security.
• Methodology - Uses IAEA analytical tools, such as
  • The MESSAGE (Model for Energy Supply Strategy Alternatives and their General Environmental Impacts) and
  • FRAMES (FRAmework for Modelling of Energy Systems) models, to develop clean energy scenarios.
• Key Workstreams –
  • Energy Scenario Modelling - Assess nuclear technologies (including Small Modular Reactors) for sustainable net zero systems.
  • Expert Missions - Support long‑term energy strategies and updates of Nationally Determined Contributions (NDCs).
  • Capacity Building - Workshops, seminars, training for policymakers and regulators.
  • Stakeholder Engagement - Industry, regulators, policymakers for advanced reactor development.
  • Outreach - Communication and advocacy on nuclear energy’s role in net zero.
• Beneficiaries -
  • Member States - Both nuclear operating and embarking countries; special emphasis on developing nations.
  • Industry Partners - To accelerate technology solutions for decarbonisation.
  • Financial Institutions - Supporting nuclear energy as part of sustainable investments.
  • International Organisations - Collaborating in clean energy transition.
• Global Significance –
  • Nuclear power currently provides 10% of world electricity and 25% of low‑carbon electricity.
  • Recognised as a reliable backbone for clean, affordable, resilient, and secure energy transitions.
  • Helps countries meet climate goals while ensuring economic impact and job creation.

Reference

IAEA | Atoms4netzero

YUVIKA (Yuva Vigyani Karyakram)

Why in News?

ISRO has opened registrations for YUVIKA 2026, Union Minister highlighted in Lok Sabha that YUVIKA is inspiring school students to pursue careers in space science.

• Aim- It is aimed at school students and seeks to introduce them to the basics of space technology, space science, and space applications at an early stage.
• Nodal Department – Department of Space.
• Implementing Agency – ISRO.
• Initiative by - Indian Space Research Organisation (ISRO).
• Launched in - 2019.
• Objective - To encourage students to pursue careers in STEM (Science, Technology, Engineering, and Mathematics) and create a "Climate-Smart" future generation.
• Type - 2‑week residential program at major ISRO centres.
• Focus - Early talent identification, fostering scientific temper, motivating careers in STEM and space research.
• Curriculum - Satellite technology, rocket propulsion, astrophysics, space missions.
• Activities - Model rocketry, simulated satellite payloads, sky gazing, facility visits, scientist interactions. 
• Financial Support - The program is fully funded by ISRO. It includes study materials, boarding, lodging, and reimbursement of II AC train fare for the student and one guardian.
• Eligibility - Class 9 students (as of January month of the year).
• Reservation - 15% seats for rural/remote students.
• Significance - YUVIKA fosters scientific temper, ensures inclusive participation, acts as a launchpad for space careers, and strengthens India’s long‑term space capabilities.

References

1. PIB | YUVIKA
2. ISRO | YUVIKA
3. NDTV | YUVIKA

Census, 2027

Prelims: Current events of national and international importance | Polity & Governance

Why in News?

The Registrar General and Census Commissioner of India (RGI) announced that the Census 2027 will begin on April 1, 2026 with self‑enumeration, followed by house‑to‑house listing.

• Census Definition - Census is the process of collecting, compiling, and publishing the demographic, social, and economic data of a country’s population.
• Population Census – Provides comprehensive data on population size, distribution, and characteristics.
• Conducted by - Office of the Registrar General and Census Commissioner of India (ORG&CCI).
• Nodal Ministry - Ministry of Home Affairs.
• Constitutional Provision - Census is a Union subject, listed in the 7^th Schedule.
• Legal Basis - Census Act, 1948.
• History of Census in India
  • 1872 - First non‑synchronous nationwide census.
  • 1881 - First synchronous census conducted by W.C. Plowden.
  • Since then, censuses have been conducted every 10 years.
  • Census 2027 will be the first delayed census (by six years).

Registrar General of India (RGI)

• Role Established in - 1949 under Ministry of Home Affairs.
• Functions - Conduct Housing & Population Census.
  • Civil Registration System (Births & Deaths Act, 1969).
  • National Population Register (NPR).
  • Mother Tongue Survey.
  • Sample Registration System (SRS).

Census 2027 – Key Features

• Phases
  • Phase 1 - House Listing & Housing Census (HLO) – housing conditions, amenities, assets.
  • Phase 2 - Population Enumeration – demographic, socio‑cultural, economic data.
• Digital Census - First time data will be collected via mobile apps and self‑enumeration portals.
• Coverage - 28 States, 8 UTs, 784 districts, 5,127 statutory towns, 4,580 census towns, 6,39,902 villages.
• Administrative Boundaries - Officially defined territorial limits such as states, districts, towns, wards, and villages within which census enumeration is carried out.
• Monitoring - Census Management & Monitoring System – web‑based platform for real‑time supervision.
• Data Collected - 33 items including housing, assets, migration, fertility, religion, SC/ST, language, literacy, education, economic activity.
• Verification - Enumerators and supervisors deployed digitally.

Caste Census Context

• Caste Census - Collects data on caste distribution for social justice policies.
• Difference from SECC (2011) - SECC focused on socio‑economic data, not caste enumeration.
• Historical Note - India has not conducted a full caste census since 1931.
• Significance - Helps in targeted welfare, affirmative action, and equitable resource distribution.

Quick Facts

National Population Register (NPR)

• Prepared under - Citizenship Rules, 2003.
• Records - Details of all persons usually residing in India.
• NPR vs NRC - NPR is a database; NRC is a register of citizens. NPR is not automatically linked to NRC.

References

1. Indian Express | Census
2. Indian Express | Census
3. The Hindu | Census