Both the BJP and INC 2019 Election Manifestos address cases before the Supreme Court (SC). In this table, we summarize the status of each case, what the Supreme Court has held and what the BJP and INC promise.

 

 

 

SC Status

Issue

Supreme Court

BJP

Congress

Pending

Ayodhya

In 2019, SC formed a 5 judge Bench. Currently,  it is under Court-directed mediation.

Explore all options within constitutional framework for building Ram Temple

 

Pending

Sabarimala

Judgment Reserved on Sabarimala Review.

Ensure that questions of belief & worship in Sabarimala are presented comprehensively before the SC.

 

Note: unclear how this will be done as review hearings have finished

 

Pending

National Register of Citizens (NRC)

SC is monitoring implementation of the NRC in Assam – the deadline is 31st July

Expedite NRC in Assam. Explore to implement NRC in other States.

Seeks to ensure inclusion of “citizens”

Pending

Scope of Right to Information (RTI) Act

In 2019, two developments:

  1. Rafale Review: national security (Officials Secrets Act) exemptions can be overridden, if disclosure serves public interest
  2. RTI & SC: 5 judge Bench reserved judgment on whether citizens can request information about Collegium decision making

 

Review RTI Act to omit provisions that dilute the Act & add provisions for strengthening transparency.

Pending

Article 35A

 

SC is hearing challenge to Article 35A. Under 35A, Jammu & Kashmir Assembly defines “permanent residents” & give special rights to them

Repeal Article 35A & Article 370. Art. 370 gives Jammu & Kashmir autonomous status

Reaffirms commitment to Article 370.

Decided. Guidelines pending

Reservation in Promotions

SC upheld Constitutional validity of  Reservation in Promotions for SC/STs in Nagaraj v. UOI.

 

In 2018, SC in Jarnail Singh v. Lachhmi Gupta introduced Creamy Layer restriction on SC/STs for getting Reservation in Promotion.

 

Bring in Constitutional Amendment to extend Reservation in promotion to OBCs.

 

 

Decided

Triple Talaq

SC in 2017 in Shayara Bano v. AIMPLB invalidated practice of Triple Talaq

Introduce bill to eliminate Triple Talaq. Enforcing Uniform Civil Code for bringing gender equality

 

Decided

Transgender Rights

SC in 2014 in NALSA v UOI recognized transgender as a ‘third gender’.  It   affirmed self-determination of gender identity.

 

Withdraw Transgender Persons (Protection of Rights) Bill, 2018 pending in the Parliament. Draft a new Bill in consultation with LGBTQI+ groups.

Decided

AFSPA

In 1998, the SC in Nagaland Peoples Movement of Human Rights v. UOI upheld its validity.

 

AFSPA is in force in Jammu & Kashmir and some States of  North East [Assam, Arunachal Pradesh, Nagaland & Manipur]

 

 

 

Amend the law to strike a balance between the powers of Security Forces & the human rights of citizens.

 

Clarifies that no immunity for Armed Forces in enforced disappearances, sexual violence & torture.

Decided

Sedition (Section 124A IPC)

In 1962, SC in Kedar Nath Singh v. UOI upheld the sedition law to be valid. Though it curtailed the scope of sedition.

 

Later explanation added that criticism of government does not amount to sedition.

 

Repeal Sedition Law

Decided

Criminal Defamation

(Section 499 IPC).

 

In 2016, the SC in Subramanian Swamy v. UOI upheld the validity of Criminal Defamation.

 

In India, Defamation is both Civil wrong & Criminal Offense.

 

Make Defamation only a Civil Offense

Not admitted

Citizenship (Amendment) Bill

SC refused to intervene as the Bill has not been passed.  Bill Lapsed after Parliament Dissolution.

 

The Bill sought to relax Citizenship Rules for Non-Muslims from Pakistan, Afghanistan & Bangladesh.

Citizenship Amendment Bill will be passed.

 

 

 

 

 

Withdraw Citizenship Amendment Bill introduced by BJP against wishes of NE States.