Thread by @tarunkhaitan

#CongressManifesto promises on #DemocracyDefence: A 🧵

1/n

Welcome promises on privacy and freedom
2/n

Extremely important promise to restore primacy of the legislature, + a promise of an #OppositionDay every week. Will need to be put on statutory footing, if not enshrined in the constitution by amendment. Needs to include making #LeaderOfOpposition a constitutional office.
3/n

Important promise on electoral integrity--elections must be fair and seen to be fair. If implemented, should set all doubts about voting machines to rest. Needs statutory footing.
4/n

Extremely important promise on independence of guarantor/fourth-branch institutions--but lacks details. Will need to be done properly. I suggest how to go about it in this piece:
5/n drive.google.com/file/d/1QgkuJG…

Promise to amend 10th schedule to mandate automatic disqualification on aisle crossing. Critical to end Operation Black Lotus & protect less-wealthy parties. But needs to be restricted to confidence/budget motions. Pakistani anti-defection law is a good model to learn from.
6/n

Important, but vague, promises on criminal justice reform. Extremely essential for the rule of law, but the devil will be in the detail. Coordination with states will be key as policing is a state subject. Constitutionality of CBI/NIA needs to be settled.
7/n

Promise on media ownership pluralism very welcome. Australian & other countries' laws on media pluralism need to be studied for guidance. Should also consider mandating all private news media companies to register as not-for-profit (s. 25) companies.
8/n

Another stab at National Judicial Commission promised, in consultation with the judiciary. Ensuring equal political membership of treasury & opposition benches will be key. Should include a promise to raise retirement age for all SC/HC judges. See
9/n thewire.in/politics/unite…

Promise to divide the SC into a constitutional and an appellate division. Welcome move to ringfence constitutional defence, as I argued here: doi.org/10.1080/247305…

Accessibe version of 👆🏾paper here:
11/npapers.ssrn.com/sol3/papers.cf…

Lots of community-specific promises to end discrimination, but I cannot see a repeat of a 2019 promise to enact a general, comprehensive, antidiscrimination law for all groups. This UN guidance is a good place to begin thinking about such a law
12/nohchr.org/en/publication…

Diversity promotion should be a goal of a single, autonomous, Equality Commission. Proliferation of multiple equality bodies creates turf-battles and silos, encouraging a politics of competitive disadvantage.
13/n

Rather vague & minimalistic promises on religious minority rights. Nothing about ensuring justice & healing after a decade of persecution of Muslims. Or how they will deal with the poison of fascism that has percolated deep. A Truth & Reconciliation Commission anyone?
14/n

Progressive promises on disability & sexual orientation, including recognising civil unions.
15/n

Promise to restore academic freedom. Details missing. Abolishing governmental control over leadership appointments & democratised governance structures key to realising the promise.
16/n

Welcome promise to fast-track quotas for women in legislatures.
17/n

Vague promise on artistic freedom. Little detail.
18/n

Extremely important promise to strengthen federalism by transferring more powers to states.
19/n

Promise of full statehood to Puducherry, but not to Delhi--although LG's powers will be curtailed. Nothing on extending the freeze on inter-state constituency delimitation.
20/n

Promise of a Right to Homestead Act for rural areas. Important progressive move to realise a positive right to property. Details will matter.
21/n

There is something on each of the 11 points I asked for in my @thewire_in piece, except 1: nothing on changing the electoral system from first-past-the-post to a ranked-choice vote system. On why this is critical, see thewire.in/politics/unite…

@thewire_in In sum--lots of good ideas, although some important gaps. Understandably, details & feasibility missing for many ideas, making them seem aspirational at best, insincere at worst. If they miraculously win, civil society will have it task cut out of holding them to these promises.