[EXCLUSIVE] BJP and Congress Perspectives on JUDICIAL REFORMS in Election Promises

The BJP unveiled its Sankalp Patra (election manifesto) on Sunday, manifesto pledges to introduce a Uniform Civil Code, implement a National Litigation Policy, and enact reforms in commercial and civil procedures, whereas the Congress presents a distinctly divergent agenda.

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[EXCLUSIVE] BJP and Congress Perspectives on JUDICIAL REFORMS in Election Promises

NEW DELHI: The Bharatiya Janata Party (BJP) laid out an extensive plan for judicial and legal reforms within its latest electoral manifesto, the Sankalp Patra. Released on a Sunday by Prime Minister Narendra Modi, the document outlines a comprehensive strategy aimed at transforming both commercial and civil litigation procedures to reflect the reforms already made within the criminal justice system.

One of the manifesto’s standout proposals is the creation of a National Litigation Policy. This initiative seeks to streamline the resolution process in cases involving the government, aiming for a resolution that is not only swift and cost-effective but also capable of significantly easing the judiciary’s workload.

Echoing a longstanding party aspiration, the BJP reiterated its commitment to instituting a Uniform Civil Code, underscoring the belief that true gender equality remains elusive in India until such a code is adopted. According to the party, this code would safeguard the rights of all women by amalgamating the best of traditional practices with contemporary norms.

In an ambitious move towards electoral reform, the manifesto also mentions the establishment of a High Powered Committee dedicated to exploring the feasibility of ‘One Nation, One Election.’ This proposal envisions the synchronization of electoral cycles across the country, potentially streamlining the electoral process and reducing the recurrent logistical and financial burdens associated with staggered elections.

Meanwhile, the manifesto from the Congress party, known as the ‘Nyaya Patra,’ lays out its vision for judicial reform should it ascend to power. At the heart of its proposals is the creation of a National Judicial Commission. This body would oversee the appointment and selection of judges to the high courts and the Supreme Court, aiming to fill existing vacancies within three years. Furthermore, the Congress pledges to amend the Constitution to bifurcate the Supreme Court into two divisions: a Constitutional Court and a Court of Appeal.

[EXCLUSIVE] BJP and Congress Perspectives on JUDICIAL REFORMS in Election Promises

Additionally, the Congress manifesto promises substantial investment in the judiciary’s physical and technological infrastructure, aiming for modernization and efficient maintenance. It also emphasizes inclusivity within the judiciary by advocating for the appointment of more women and individuals from underrepresented communities, such as SC, ST, OBC, and minorities, as judges in the higher judiciary.

Lastly, the Congress outlines its plan to establish a Judicial Complaints Commission. This commission, comprising retired Supreme Court judges and former Chief Justices of high courts, would be tasked with investigating allegations of misconduct among the higher judiciary’s ranks.

These manifestos from India’s leading political parties underscore a shared recognition of the judiciary’s pivotal role in maintaining democracy and governance. Through their respective pledges, the BJP and Congress illuminate divergent paths towards judicial reform, reflecting their unique visions for India’s legal system and its role in societal advancement.

Click Here to Read Previous Reports on BJP and Congress Election Manifesto

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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