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

Released on Friday was the India National Congress's (INC) election manifesto, known as the "NyayPatra" (Letter of Justice). In 2024, this was carried out as a prelude to the LokSabha elections.

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The party's list of suggested judicial reforms and amendments to current legislation is as follows.

Acts that have been amended subsequently:

There should be a quick legal remedy available for civil damages and a reduced criminal penalty for defamation.

The objective of this evaluation of the Telecommunications Act of 2023 is to eliminate clauses that infringe upon private rights and restrict freedom of speech.

Election laws must be changed to reconcile the efficiency of electronic voting machines (EVMs) and the transparency of paper ballots, in order to remove any and all restrictions that unjustly restrict individual liberty. The election will take place using electronic voting machines (EVMs), but voters will also have the opportunity to keep their voting slips and turn them in to the voter-verifiable paper audit trail (VVPAT) unit, according to the INC. The sum of the VVPAT slip and the electronic vote will be compared;

We suggest amending the 10th Schedule of the Constitution to automatically disqualify a defection—defined as departing from the party that elected a member to the Legislative Assembly or Parliament—from serving in those bodies going forward. Codifying the idea that "bail is the rule, jail is the exception" into all criminal laws is another goal.

Justice system modifications:

The party declared in a statement that it would uphold judicial independence: "The National Judicial Commission (NJC) will be formed throughout the consultation process, in addition to the Chief Justices of High Courts and the Supreme Court." The appointment and selection of judges to the Supreme Court and High Courts falls under the purview of this Commission. Its composition will be decided after consulting the Supreme Court.

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A constitutional change is planned to create a Court of Appeal housed within the Supreme Court, as well as a Constitutional Court. The Constitutional Court, which considers cases involving constitutional interpretation as well as other cases of significant legal significance or public interest, is composed of the seven most senior justices in the land. The nation's highest court, the Court of Appeal, considers appeals from the National Tribunals and the High Court, among other lesser appellate courts. There is a judge on each bench of the Court of Appeal.

Establishing a Judicial Complaints Commission to investigate allegations of misconduct by higher court judges is recommended. This panel will be composed of former justices of the Supreme Court and retired chief justices of state and federal courts.