"Misconceived" : Supreme Court Dismisses Plea To Declare 2019 Congress Manifesto Unfair

The Supreme Court refused to entertain a petition seeking to declare the Congress manifesto for 2019 Lok Sabha polls as unfair. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala remarked that the petition was "misconceived" and "devoid of any merit". Accordingly, the petition was dismissed. 

The petition filed by Adarsh Kumar Agrawal and Dr Seema Jain had sought directions to declare the manifesto of the Congress as "unfair and against the model code of conduct" and take appropriate action against the party in accordance with law.

The Congress Election Manifesto was released ahead 2019 national polls. Through the manifesto, the Congress pledged to establish a Court of Appeal to hear appeals related to judgments and orders of the High Courts. As per the manifesto, the Court of Appeal would sit in multiple benches of three judges each at six locations. The party also pledged practical solutions to problems plaguing the legal system and to repeal the Indian Penal Code (IPC)’s Section 499 and make defamation a civil offence. It also promised to omit the IPC’s Section 124A that defines sedition “which has become redundant because of subsequent laws”. The manifesto also referred to the need to amend the Armed Forces (Special Powers) Act (AFSPA) “to strike a balance between the powers of security forces and the human rights of citizens and to remove immunity for enforced disappearance, sexual violence and torture”. Further, it highlighted the need for prison reforms along with the demand to recognise the rights of under trials.