PROS: Prevents misuse of sedition law to target critics of government. Ensures freedom of speech, except in cases of hate crime or actual incitement of violence and waging war against India, which are covered by other criminal law provisions.

CONS: N/A – the sedition law, a colonial era law enacted to prevent criticism of the British colonial government, has no place in current context.

PROS: Prevents misuse of criminal defamation to harass journalists, whistleblowers, activists. No more punishment without trial (like restrictions on travel) or intimidation where the statement is true (criminal defamation requires the statement to also be for public good). Civil defamation has a more reasonable standard.

CONS: N/A, as long as reasonable remedy in civil defamation is retained.

PROS: Could prevent misuse of laws like UAPA and NSA to intimidate and lock up journalists, activists, academics, lawyers and dissidents without conviction – currently they can languish in jail for years only to be acquitted.

CONS: No specifics, no promise to repeal the laws. Ambiguity will allow misuse to continue.

PROS: Ensures prevention of discrimination against LGBTQIA+ community and misuse of laws to intimidate and threaten them by police.

CONS: N/A – these promises are in line with the Supreme Court judgment, including the directions issued by Justice Rohinton Nariman.

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PROS: Ensures that AFSPA cannot be used to prevent accountability for illegal acts, and will help calm tensions in Kashmir and other parts of the country where AFSPA is in force.

CONS: N/A – since the immunity is not being removed for all acts, it is not an overbroad dilution that will affect the military’s ability to function effectively.

PROS: Rolls back Aadhaar Amendment Ordinance 2019 and prevents intrusive attempts to link Aadhaar to private services like banks, mobile numbers. Ensures no exclusion from benefits in case of authentication problems whether because of poor infrastructure or illness, old age, etc.

CONS: N/A – these amendments would keep Aadhaar in line with the Supreme Court judgment.

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PROS: Could ensure privacy as well as effective enjoyment of other fundamental rights, including freedom of speech and right to life and personal liberty.

CONS: Data protection law needs to be properly drafted as ambiguities could lead to situation worse than status quo, onerous data localisation requirements need to be avoided.

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PROS: Curbs on impunity for mob violence and communal violence, accountability for police and district administration will prevent collusion with mobs.

CONS: N/A – the Law Commission has recommended improved laws on hate crimes, and spate of violence in last few years shows this is needed.

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PROS: Will reduce pendency in Supreme Court, allow it to focus on important cases. Retirement age changes will ensure there are no post-retirement judicial roles for judges, which will help ensure judgments are not coloured by this. NJC will bring transparency over opacity of Collegium system. JCC will be a less cumbersome way to discipline higher judiciary than current impeachment process.

CONS: Setting up Court of Appeal will take time and significant investment, which might otherwise be spent on improving facilities in existing courts. NJC will allow executive to interfere more with judicial appointments, could lead to appointment of judges with ties to government. Will have to be significantly different from NDA’s NJAC which was struck down by the SC, or will be unconstitutional. JCC may make it easier for executive to interfere and threaten judges.

CONS: Setting up Court of Appeal will take time and significant investment, which might otherwise be spent on improving facilities in existing courts. NJC will allow executive to interfere more with judicial appointments, could lead to appointment of judges with ties to government. Will have to be significantly different from NDA’s NJAC which was struck down by the SC, or will be unconstitutional. JCC may make it easier for executive to interfere and threaten judges.

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PROS: Will ensure police don’t drag their feet in investigation, use detention to intimidate/torture accused persons.

CONS: If bail not jail rule is not subject to proper assessment in non-bailable cases, will lead to intimidation of witnesses, additional threats to complainants.

PROS: Will help prevent horse-trading, like was attempted in Karnataka.

CONS: Will further erode possibility of cross-party cooperation and bipartisan legislation.

PROS: Restores transparency in electoral funding, prevents corporate donors to remain anonymous and hide influence.

CONS: Will need to ensure full scheme, including disclosure relaxations, are removed, otherwise will be a cosmetic change. Alternative National Election Fund proposed by Congress could fall into same trap of opacity if not properly defined and regulated.

CONS: Will need to ensure full scheme, including disclosure relaxations, are removed, otherwise will be a cosmetic change. Alternative National Election Fund proposed by Congress could fall into same trap of opacity if not properly defined and regulated.

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PROS: Ensures that objections and concerns from relevant stakeholders will be taken into account before laws are drafted and passed. For example, this would ensure forest rights are not attacked the way the current government’s proposed new Indian Forests Act would, or the problematic Transgender Bill, which went against the Supreme Court’s 2014 NALSA judgment.

CONS: From a procedural standpoint, there could be confusion if clear deadlines and points of contact are not specified.

PROS: Will ensure that unforeseen adverse consequences of government schemes and policies are mitigated, and compensation can be provided where schemes have led to unreasonable losses. Will ensure there is better data for evaluation of future schemes and programmes.

CONS: If criteria are not clearly established, this could lead to lots of litigation in the courts by government departments challenging the audit results.

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Sedition, AFSPA, Aadhaar: Congress Manifesto’s Key Legal Promises

Congress manifesto includes proposals to repeal sedition law, reform AFSPA, amend Aadhaar, restructure Supreme Court

Vakasha Sachdev

Updated: 02 Apr 2019, 6:08 PM IST

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The Congress released its manifesto for the Lok Sabha elections on Tuesday, 2 April. It includes a number of proposals for legal reform, including protection of civil liberties and changes to the judicial system, as well as some changes to the way laws will be created and assessed.

Here are the headline promises for the 2019 elections, as well as a preliminary assessment of their pros and cons.

Read Latest News and Breaking News at The Quint, browse for more from news and law

Topics: Supreme Court Sedition Aadhaar

Published: 02 Apr 2019, 4:59 PM IST