On 5th April, the Congress party released its manifesto for the 2024 Lok Sabha elections. Consistent with its past political strategies and assertions, the party has made grandiose promises in an attempt to win the populace and claimed to deliver if voted to power in the centre. As part of of the party’s recent emphasis on caste politics and reservations, the party has promised to introduce reservations for the appointment of judges also.
In the “Judiciary” section of its manifesto, the Congress party has begun by blaming the ruling party and claimed, “Thanks to the misgovernance, weaponisation of the laws, misuse of investigating agencies and abuse of executive powers by the BJP/NDA government in the last 10 years, the people have come to look upon the judiciary as the last bastion against anti-democratic actions and authoritarianism. An independent judiciary alone can uphold the Constitution of India.”
Congress has expressed its intentions to amend the Constitution “to create two divisions in the Supreme Court, a Constitutional Court and a Court of Appeal,” at point number 3 of its “Judiciary section.” The manifesto claimed, “The Constitutional Court consisting of the seven seniormost 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 that will, sitting in Benches of three judges each, hear appeals from the High Court and National Tribunals.”
Interestingly, in point number 5, the party also declared, “More women and persons belonging to the SC, ST, OBC and minorities will be appointed as judges of the High Courts and the Supreme Court,” implying that the judiciary would be subject to reservations. However, the party’s manifesto does not explain how it will appoint backwards class people to the posts of judges in high courts and supreme court, because the government has no control over these appointments, which is done by the collegium of judges.
However, the party has promised to form a National Judicial Commission, which will be responsible for the selection and appointment of judges of the High Courts and the Supreme Court. It promises to form the NJC with the consultation with the Supreme Court. Notably, the first Modi government had passed the National Judicial Appointments Commission with the similar goal, but it was struck down by the Supreme Court.
The manifesto further claimed, “Congress will establish a Judicial Complaints Commission consisting of retired judges of the Supreme Court and retired Chief Justices of the High Courts to investigate complaints of misconduct against judges of the higher judiciary.”
The manifesto also added, “The independence and quality of the judiciary is reflected in the independence and quality of the judges. Congress will unswervingly uphold the independence of the judiciary. In consultation with the Supreme Court and the Chief Justices of the High Courts, Congress will establish a National Judicial Commission (NJC). The composition of the NJC will be decided in consultation with the Supreme Court. The NJC will be responsible for the selection and appointment of judges of the High Courts and the Supreme Court.”
The party did not, however, address the plan for achieving its objectives. Additionally, it pledged to “allocate sufficient funds to augment the physical and technical infrastructure of the judiciary and for the modernization and maintenance of the infrastructure,” as well as to “fulfil all vacancies in the High Courts and Supreme Court within the next three years,” among other things that while appealing on the surface, would amount to nothing in the absence of a reasonable and viable strategy, which the party failed to present.
The sole plan the party offered appeared to be an election ploy to win over its minority support base while also attempting to curry favour over some scheduled castes, scheduled tribes, and other lower-class communities, as well as women, by promising to increase their proportion in the judiciary. Nonetheless, the party did allude to the introduction of reservations in the courts.
