Repeal of CAA, UAPA; bifurcate Supreme Court: How the Congress and CPI(M) manifestos look to change the legal landscape

From repealing the Citizenship Amendment Act (CAA) to establishing a National Judicial Commission (NJC), the Indian National Congress and the Communist Party of India (Marxist) have listed out promises in their manifestos ahead of the 2024 Lok Sabha elections..The opposition parties have released their manifestos with elaborate promises in the realm of law and the judiciary. .Congress.The Congress party aims to bifurcate the Supreme Court of India into a Constitutional Court and a Court of Appeal, after making constitutional amendments to this effect.According to the Congress, the Constitutional Court will comprise the seven senior-most judges who would hear and decide cases involving the interpretation of the Constitution and other cases of legal significance or national importance. The Court of Appeal, on the other hand, would sit in three-judge bench combinations. The Court of Appeal would hear appeals from the High Court and the Central tribunals. .The party has accused the ruling dispensation of “mis-governance, weaponisation of the laws, misuse of investigating agencies and abuse of executive powers”. As a result, it said that citizens have viewed the judiciary as the last bastion against "anti-democratic actions and authoritarianism”.In this light, an independent judiciary alone can uphold the Constitution of India, the manifesto stated. For the same, the Congress plans to establish a National Judicial Commission (NJC) in consultation with the Supreme Court and the Chief Justices of the High Courts. “The composition of the NJC will be decided in consultation with the Supreme Court. The NJC will be responsible for the selection and appointment of judges of the High Courts and the Supreme Court,” it added.It claims that all vacancies in the High Courts and the Supreme Court will be filled within three years of its coming into power.“We will allocate sufficient funds for augmenting the physical and technical infrastructure of the judiciary and for the modernisation and maintenance of the infrastructure,” it added..The Congress manifesto also promises to include more women and people belonging to the Scheduled Castes, Scheduled Tribes and other backward classes as judges of the High Courts and the Supreme Court. The party further plans to establish a Judicial Complaints Commission consisting of retired judges of the Supreme Court and former Chief Justices of the High Courts to investigate into complaints of misconduct against judges in higher judiciary..Some of the other promises include:Congress will amend the Press Council of India Act, 1978 to empower the Council to deal with the menace of fake news and paid news. Congress will defend independent journalism by enacting laws to protect journalists from coercive action by the State. Congress will pass a law to preserve the freedom of the Internet and to prevent arbitrary and frequent shutdowns of the Internet. Congress will bring a law to recognize civil unions between couples belonging to the LGBTQIA+ community We promise to de-criminalise the offence of defamation and provide, by law, a speedy remedy by way of civil damages. We promise to enact a law on bail that will incorporate the principle that ‘bail is the rule, jail is the exception’ in all criminal laws. We will introduce reforms in industrial and labour laws to restore the balance between labour and capital to meet our twin goals of full employment and high productivity gains. The Labour Codes passed by the BJP/NDA government will be reviewed and amended. Congress will replace the GST laws enacted by the BJP/NDA government with GST 2.0. .CPI (M).The Left plans to scrap the Unlawful Activities (Prevention) Act (UAPA), the National Security Act and the Prevention of Money Laundering Act (PMLA), terming these laws as draconian. "The CPI(M) pledges to fight for an uncompromising adherence to the principle that religion is separated from politics, the State, the government and administration. It will fight for a law against hate speech and crimes. It is committed to scrapping the CAA," the manifesto says.It said that the notification of the CAA Rules on the eve of the elections is a dangerous step designed to polarise the electorate. “The CPI(M) and other democratic parties have strongly opposed this law since it seeks to link citizenship with religion and is thus highly discriminatory,” it added..Like the Congress, the CPI(M) feels that the constitution of an NJC comprising representatives from the judiciary, the executive, the legislature and the Bar for judicial appointments and transfers would ensure judicial accountability. Some of the key promises it makes are:Reforming the judicial system to provide speedy relief at affordable cost to the common people; filling up vacancies in the judiciary. Suitably amending the definition of criminal contempt in order to prevent its misuse in suppressing dissent. Public declaration of assets by judges to be made mandatory. Ensuring adequate representation and diversity in the judiciary at all levels..As regards Jammu & Kashmir, the party promises restoration of Articles 35A and 370 of the Constitution. It also calls for Ladakh to being given regional autonomy and for holding elections to the state assembly immediately.Another agenda on the party’s list is withdrawal of the Armed Forces (Special Powers) Act (AFSPA), except in border areas..The party plans to enforce the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and calls for the setting up of mandatory special courts as per Section 14 of the Act in each district. .It also aims to enact a legislation for the prevention of caste, religious and gender-based discrimination in educational institutions and work environments. It also promises to enact the Prevention of Atrocities Against Minorities Act..The CPI(M) aims at amending the Transgender Persons (Protection of Rights) Act, 2019 to address concerns raised by the community, besides recognising and protecting same-sex couples similar to marriage and civil union/same-sex-partnerships on lines of the Special Marriage Act, 1954. It plans to formulate a comprehensive anti-discriminatory bill covering the LGBTQ+ community..[Read manifestos]