Judicial Reform under Congress(N) Election Manifesto-2019 : NJC and Complaint Commission

Foreword by Rahul Gandhi

Election 2019 presents a stark choice to the people of India.

JUDICIARY

Congress promises that the independence and integrity of the judiciary will be maintained and protected at all costs.

Congress will introduce a Bill to amend the Constitution to make the Supreme Court a Constitutional Court that will hear and decide cases involving the interpretation of the Constitution and other cases of legal significance or national importance.

Congress will introduce a Bill to amend the Constitution to establish a Court of Appeal between the High Courts and the Supreme Court, to hear appeals from judgments and orders of High Courts. The Court of Appeal will sit in multiple Benches of 3 judges each in 6 locations.

We will enhance representation at all levels of the judiciary for women, SC, ST, OBC, minorities and other under-represented sections of society.

We will allocate sufficient funds annually to provide the necessary infrastructure for the judiciary.
Congress promises to fix the retirement age of judges of High Courts and the Supreme Court at 65 years. The retirement age for judicial members in Commissions and Tribunals shall also be 65 years. This will prevent post-retirement assignments for serving judges and allow more opportunities for qualified persons to serve as judges or judicial members.

Congress will work with the judiciary to improve the administration of courts by introducing modern technology and appointing professionals for court and roster management.

We will encourage the judiciary at all levels to adopt technological tools to track cases and expedite the hearing and decisions on cases.

Learned, independent and upright judges are the core of the judiciary. Congress promises to establish a National Judicial Commission (NJC) that will be responsible for selection of judges for appointment to the High Courts and the Supreme Court. The NJC will be comprised of judges, jurists and parliamentarians and will be serviced by a secretariat. Names of suitable candidates will be placed in the public domain and the reasons for selection will be published to ensure that the entire process is transparent. Once the new system is in place, we will endeavour to fill every vacancy in the High Courts or Supreme Court within 2 months.

Congress will establish, by law, an independent Judicial Complaints Commission to investigate complaints of misconduct against judges and recommend suitable action to Parliament.