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 ...

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

Debby Jain

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