Congress Manifesto Promises To Make Bail The Rule In All Criminal Laws, Decriminalise Defamation; Proposes National Judicial Commission

With the 2024 Lok Sabha polls nearing, the Indian National Congress came out with its Election Manifesto titled the "Nyay Patra" (Letter of Justice) on Friday.

The party has proposed certain legislative amendments and measures for judicial reforms, which are as under.

Legislative changes :

(1) To de-criminalize the offence of defamation and provide a speedy legal remedy for civil damages;

(2) To review the Telecommunications Act, 2023 and remove provisions that restrict freedom of speech & expression and violate the right to privacy;

(3) To repeal all laws and rules that unreasonably interfere with personal freedoms;

(4) To amend the election laws to combine the efficiency of the Electronic Voting Machine (EVM) and the transparency of the ballot paper. INC says that voting will be through EVM but the voter will be able to hold and deposit the machine-generated voting slip into the voter-verifiable paper audit trail (VVPAT) unit. The electronic vote tally will be matched against the VVPAT slip tally;

(5) To amend the 10th Schedule of the Constitution and make defection (leaving the original party on which the MLA or MP was elected) an automatic disqualification of the membership in the Assembly or Parliament;

(6) To enact a law on bail that incorporates the principle 'bail is the rule, jail is the exception' in all criminal laws.

Judicial reforms :

Promising to ensure the independence of the judiciary, the party stated :

(1) That a National Judicial Commission (NJC) will be established in consultation with the Supreme Court and the Chief Justices of High Courts. This Commission will be responsible for selection and appointment of judges of the Supreme Court and High Courts. Its composition will be decided in consultation with the Supreme Court.

(2) That the Constitution will be amended to create 2 divisions in the Supreme Court - a Constitutional Court and a Court of Appeal. The Constitutional Court (consisting of the 7 senior-most judges) will hear and decide cases involving the interpretation of the Constitution and other cases of legal significance or national importance. The Court of Appeal will be the final court of appeal (sitting in Benches of three judges each) that will hear appeals from the High Court and National Tribunals.

(3) That a Judicial Complaints Commission, consisting of retired judges of the Supreme Court and retired Chief Justices of the High Courts, will be established to investigate complaints of misconduct against judges of the higher judiciary.

Other promises made by the party in its manifesto

(1) Private educational institutions for reserved categories: INC will enact a law with reference to Article 15(5) of the Constitution to provide for reservation in private educational institutions for Scheduled Castes, Scheduled Tribes and Other Backward Classes.

(2) Support for SCs and STs: INC will establish a helpline in every State's capital for SCs and STs. It will further provide legal aid and paralegal support to the victims of atrocities listed in the SC & ST Act.

(3) Inclusion of more official languages: INC will meet the demands for inclusion of more languages in the 8th Schedule of the Constitution, which deals with official languages of the State.

(4) Expansion of Articles 15 & 16 of Constitution: INC will expand Articles 15 and 16 of the Constitution to prohibit discrimination on the ground of 'disability', 'impairment' or 'sexual orientation.

(5) Same-sex marriage recognition: After wide consultation, INC will bring a law to recognize civil unions between couples belonging to the LGBTQIA+ community. It may be recalled that last year, the Supreme Court refused to grant legal recognition for queer marriages in India saying that it was a matter for the legislature to decide.

(6) Law to prevent violence against doctors, health professionals on duty: INC will pass a law making it an offence to commit acts of violence against on-duty doctors and other health professionals.

(7) Law to provide Apprenticeship: INC will bring a new Right to Apprenticeship Act to provide a 1-year apprenticeship with a private or a public sector company to every diploma holder or college graduate below the age of 25. The apprentices will get Rs.1 lakh per year.

(8) Fast-track Courts to deal with question paper leaks: INC will provide fast-track courts to adjudicate cases of leaking question papers for job examinations and provide monetary compensation to the victim.

(9) Changes in the field of Education: INC will amend the Right to Education Act to make education from Class I - XII in public schools compulsory and free. Further, it will revisit and amend the National Education Policy in consultation with state governments.

(10) Law for registration of sports bodies to provide recourse against abuse, etc.: INC will enact a separate legislation for the registration of sports federations/bodies/associations which will ensure full compliance with the Olympic Charter, allow for autonomy and full accountability, and provide recourse for members and sportspersons against discrimination, bias, sexual harassment, abuse, wrongful termination, etc.

(11) Reservation for women in Lok Sabha and State Assemblies: INC will bring the Constitution (106th Amendment) Act into force immediately. The 1/3rd reservation for women will be applied to State Assemblies to be elected in the next round of Assembly elections in 2025 and to the Lok Sabha to be elected in 2029.

(12) Addressing gender bias in laws: INC will scrutinize all laws for gender discrimination and gender bias. The offending provisions will be removed or amended in the first year of the government.

(13) Educating women about their rights: INC will appoint an 'Adhikar Maitri' in every Panchayat to serve as a paralegal to educate women and assist them in the enforcement of their legal right.

(14) Respite to farmers in form of MSP, etc.: INC will give a legal guarantee to the Minimum Support Prices (MSP) announced by the government every year, as recommended by the Swaminathan Commission. Further, the Commission for Agricultural Costs and Prices (CACP) will be made a statutory body.

(15) Laws for gig workers, domestic help, etc.: INC will make a law to specify and protect the rights of gig workers and unorganized workers. Further, it will propose laws to regulate the employment of domestic help and migrant workers, and secure them basic legal rights.

(16) Law to protect journalists from coercive action by the State: INC will amend the Press Council of India Act, 1978 to strengthen the system of self-regulation, protect journalistic freedoms, uphold editorial independence and guard against government interference. The Council will be empowered to deal with the menace of fake news and paid news. INC will further pass a law to curb monopolies in the media, cross-ownership of different segments of the media, and control of the media by business organizations.

(17) Taking away unbridled power of censorship: INC will withdraw the Broadcasting Services (Regulation) Bill, 2023. It will further amend/delete restrictive provisions of the Digital Personal Data Protection Act, 2023 and the Press and Registration of Periodicals Act, 2023 to eliminate backdoor censorship.

(18) Review of Labor Codes passed by BJP government: INC will introduce reforms in industrial and labor laws to restore the labor-capital balance to meet its twin goals of full employment and high productivity gains.

(19) Reforms in tax laws/schemes: INC will replace the GST laws introduced by the BJP government. The new GST regime (GST 2.0) will be based on the universally accepted principle that GST shall be a single, moderate rate (with a few exceptions) that will not burden the poor. It will further eliminate “Angel tax” and all other exploitative tax schemes that inhibit investment in new micro, small companies and innovative start-ups.

(20) Relief to States/UTs: INC will amend the Government of National Capital Territory of Delhi Act, 1991 and declare that the Lieutenant Governor shall act on the aid and advice of the Council of Ministers of NCT, Delhi on all matters (including Services) except on matters concerning the 3 reserved subjects (public order, police and land). It will restore full statehood to Jammu and Kashmir as well as amend the 6th Schedule of the Constitution to include the tribal areas of Ladakh.