Congress and CPI(M) Manifesto: Repeal CAA, UAPA, Bifurcate Supreme Court

By Minakshi Bindhani

9 April 2024, 5:18 PM9 April 2024, 5:18 PM

3 minutes, 37 seconds Read

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The manifestos of the Congress and CPI(M) parties aim to make changes to India’s legal landscape. Both parties have proposed repealing controversial laws such as the Citizenship Amendment Act (CAA) and the Unlawful Activities (Prevention) Act (UAPA). Additionally, they advocate for bifurcating the Supreme Court, likely to address issues related to the workload and efficiency of the judiciary.

Congress and CPI(M) Manifestos: Repeal CAA, UAPA, Bifurcate Supreme Court

NEW DELHI: As the 2024 Lok Sabha elections approach, the Indian National Congress and the Communist Party of India (Marxist) have unveiled their manifestos, highlighting their promises in the rule of law and the judiciary. Both opposition parties aim to address issues such as judicial reform, judicial independence, and the protection of civil liberties.

Congress Manifesto:

The Congress party proposes to divide the Supreme Court of India into two distinct entities through constitutional amendments. The Constitutional Court, consisting of the seven senior-most judges, will handle cases that involve constitutional interpretation and other significant legal matters. The Court of Appeal, comprising three-judge benches, will hear appeals from the High Court and Central tribunals.
Congress plans to establish an independent National Judicial Commission in consultation with the Supreme Court and Chief Justices of the High Courts. The NJC will be responsible for the selection and appointment of judges for the High Courts and the Supreme Court. The party aims to fill all vacancies in the judiciary within three years of coming into power.
The Congress manifesto emphasizes the allocation of sufficient funds to enhance the physical and technical infrastructure of the judiciary. This includes modernization, maintenance, and augmentation of infrastructure to ensure a more efficient and effective judicial system.
The Congress party pledges to promote diversity and inclusivity in the judiciary by appointing more women and individuals from Scheduled Castes, Scheduled Tribes, and other backward classes as judges in the High Courts and the Supreme Court.
To address complaints of misconduct against judges in higher judiciary, Congress plans to establish a Judicial Complaints Commission consisting of retired judges from the Supreme Court and former Chief Justices of the High Courts.
The Congress manifesto also includes promises to amend the Press Council of India Act to combat fake news, protect journalists from coercive state action, preserve internet freedom, recognize civil unions for the LGBTQIA+ community, decriminalize defamation, reform bail laws, review and amend industrial and labor laws, and replace the current GST laws with GST 2.0

CPI(M) Manifesto:

The CPI(M) pledges to repeal laws such as the Unlawful Activities (Prevention) Act (UAPA), the National Security Act, and the Prevention of Money Laundering Act (PMLA), which it considers draconian. The party also opposes the Citizenship Amendment Act (CAA) and vows to scrap it.
The CPI (M) aims to reform the judicial system to provide affordable and speedy relief to the common people. It emphasizes filling up vacancies in the judiciary and amending the definition of criminal contempt to prevent its misuse in suppressing dissent. The party advocates for the mandatory public declaration of assets by judges and ensuring adequate representation and diversity in the judiciary at all levels.
The CPI (M) promises to restore Articles 35A and 370 of the Constitution regarding Jammu & Kashmir and calls for regional autonomy for Ladakh. It also seeks to withdraw the Armed Forces (Special Powers) Act (AFSPA), except in border areas.
The party aims to enforce the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and advocates for the establishment of special courts in each district. It also plans to enact legislation to prevent caste, religious, and gender-based discrimination in educational institutions and workplaces. Additionally, the CPI (M) aims to introduce the Prevention of Atrocities Against Minorities Act.
The CPI(M) plans to amend the Transgender Persons (Protection of Rights) Act, 2019, to address concerns raised by the community. It also supports the recognition and protection of same-sex couples, similar to marriage or civil unions, and aims to formulate a comprehensive anti-discriminatory bill covering the LGBTQ+ community.