A manifesto by a political party is a solemn declaration of intent as to the changes it wishes to implement to improve the lot of the common man. An ecosystem that enables hassle-free pursuit of justice is the aspiration of every citizen. It is also an undeniable truth that today our justice delivery system is suffering from multiple health issues.
The notable maladies are:
Massive delays and case backlog; judicial vacancies, poor judge–population ratio and training deficit;
Procedural complexity, adjournment culture and dilatory tactics;
Criminal justice pathologies: languishing undertrials, poor investigation quality and complexities related to grant of bail;
Inequality of access to justice: insufficient legal aid, costs and social barriers;
Fragmentation of justice delivery on account of tribunals, weak enforcement and executive influence;
Infrastructure deficits and uneven use of technology;
Legal culture, Bar practices and limited alternative remedy pathways;
The ever-growing chasm between constitutional promise and operational reality.
A political party’s manifesto is a prescription that reveals what the political class intends, to administer to treat the above maladies. In an election to a State Assembly there are constitutional constraints to what a political party can offer in this area.
The following is a collection of promises made by major political parties in their manifestos (arranged in alphabetical order) to improve the justice delivery system.
ADMK’s manifesto promises to bring a bench of the Supreme Court to Tamil Nadu and that steps will be taken to make Tamil as the language of the proceedings in the High Court.
BJP’s manifesto promises establishment of fast track Courts for heinous cases including sexual offences and to deal with NPDS cases as also courts to deal with sexual offences against women and children. It also includes resolution of patta disputes within 90 days as also empowered revenue courts, safety to witnesses and victims in the justice process and legal protection for medical personnel and journalists.
CPI (M)’s manifesto promises to work towards reducing prolonged undertrial detention. The manifesto demands strict and effective implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, including establishment of functional special courts and vigilance committees, to ensure speedy and unbiased handling of atrocity cases. The document also seeks revitalisation of the State Human Rights Commission. For anti‑corruption justice, the CPI(M) calls for empowering the Tamil Nadu Lokayukta with real investigative authority over public servants. Overall, the manifesto’s justice‑delivery promises centre on preventing abuse of State power, securing fair and speedy trials, strengthening human‑rights and anti‑corruption bodies, and rolling back laws/practices that criminalise dissent.
DMK’s manifesto contains a promise to persuade the Central government to introduce a reservation system in the appointment of High Court Judges; a promise to work towards permitting the use of State language in courts including the High Courts; and establishing additional POCSO courts to ensure swift and timely punishment for offenders.
INC’s manifesto promises to fill all judicial vacancies to reduce case backlog; introduce evening courts for faster case disposal; facilitate bail adalat by retired judges for non-violent crimes to decongest the crowded prisons; legal aid for poor and undertrial prisoners; and dedicated fast-track courts for women and children.
NTK’s manifesto deals with reforms to civil judge selection, promotions in the trial court judiciary, establishment of additional courts, regulating online filling of cases and establishment of more court complexes. It also aims to institutionalise a Judicial Accountability and Research Committee; establishment of a “post-conviction exoneration commission”; to seek a ban on transfer of judges from other States; to bring in Tamil as the language of the courts in the High Court; to abolish the system of appointing retired judges to government posts; to work towards changing the name of criminal law statutes and the law of evidence.
PMK’s manifesto promises speedy and accessible justice. It promises a Supreme Court bench at Chennai, also to substantially increase the strength of subordinate courts and judicial officers. The manifesto speaks of time‑bound clearance of case backlogs and better case management. PMK promises full IT integration of courts, police and prisons, e‑filing and tracking. On the language of justice, it commits to making Tamil a working language in the Madras High Court. For protection of children, the manifesto promises at least one special POCSO court in every district. In the area of anti‑corruption, PMK proposes a strengthened Lokayukta and special corruption courts for large-value cases. It promises enhanced legal aid, especially for SC/ST communities, victims of manual scavenging and Sri Lankan Tamil refugees.
TVK’s manifesto proposes a Service Rights Act guaranteeing time‑bound delivery of about 500 public services. This effectively creates statutory, enforceable rights against the State, consistent with Article 14 and Article 21 of the Constitution. They have proposed digital and statutory rights which coupled with grievance mechanisms (applied through the super‑app and time‑bound services) and to strengthen access to justice.
VCK’s manifesto contains substantial promises to overhaul the criminal justice and justice delivery system in Tamil Nadu. It explicitly condemns custodial violence and deaths and promises structural reforms to investigation, arrest and custody practices. It promises to provide safeguards on arrest and remand. VCK demands a special State law against honour killings. It calls for a dedicated anti-communal violence law at the State level. The manifesto links justice delivery to anti caste and minority protection, seeking stronger use and implementation of the SC/ST (Prevention of Atrocities) Act, 1989. VCK also calls for forest and land rights enforcement, asking for full implementation of the Forest Rights Act, 2006. By opposing centralisation of control over minerals and fisheries, VCK also frames justice delivery as a federalism and livelihood rights issue, so that enforcement mechanisms remain accountable to local communities. The manifesto insists that justice institutions must be measured by outcomes for Dalits, Adivasis, OBCs, minorities, women and transgender persons, and not only by formal compliance with IPC/CrPC.
All the above, even collectively, by no means addresses all the afflictions of the justice delivery system, but definitely pave the way for a meaningful beginning. One hopes that whichever group gets elected will implement all promises scattered across various manifestos to make the administration of justice meaningful and will not merely stop with fulfilling their own promises.
NL Rajah is a Senior Advocate practicing before the Madras High Court.