A study on political manifestos released since the 1952 general elections by the Center for Policy Research reveals some interesting patterns. A textual analysis of these documents showed that while welfare remains the top priority across party lines, the word ‘judiciary’ is accorded a low priority in the manifestos. Among the different parties, the BJP/erstwhile Jana Sangha and Congress Party have focused more on the judiciary, while the communist parties have mentioned it less frequently on average. For instance, the BJP has discussed it with the highest word share in its manifesto (Generally in every election before 2019) which went down during the 2019 general elections. On the contrary, Congress Party has increased its focus on judicial reforms in the last four elections. Perhaps it is an indication of  the asymmetry between the positions of the ruling party and the opposition on reforming the judiciary. As can be guessed, the common subjects covered within  the judiciary are promises of swift justice, legal aid and judicial infrastructure apart from appointing judges through a mode different from the collegium system. 

Interestingly, during the 2019 general elections, Congress Party came up with the idea of a structural change in the Supreme Court functions today. It not only promised to turn it into a constitutional court and establish a different court of appeal for routine matters but also sought to fix the age limit of judges to prevent post-retirement appointments. These ideas are not novel and in the past, the Law Commissions have recommended them as well. However, such structural initiatives are rare in the manifestos of other parties and it seems that Congress Party stands alone in proposing such initiatives. They also made other promises relating to the judiciary such as the appointment of a commission for judicial accountability and better representation of women and other sections of it. 

In our analysis, we found that generally, political parties refrain from taking a radical stance towards the judicial establishment. At its core lies the political reluctance as well as thedifficulty in mobilising a larger audience on such issues. The most important manifesto by impact– the 2019 Manifesto of BJP– is an example. The neatly designed manifesto scarcely even provides space for this topic. That apart, even the mention of the need for judicial reforms is under the topic of economic reforms. This manifesto emphasises the need for strong judicial infrastructure to quickly dispose and enforce contracts. It also promises to establish India as a global arbitration centre. 

Interestingly, the regional parties fare better in this aspect, with a regional touch and flavour in their promises. In the case of one of the oldest regional parties in India, DMK and AIADMK, the issue of Tamil language in the courts coupled with appointments from disadvantaged sections were the primary issue. Further, regional parties also mentioned setting up benches of the Supreme Court in different parts of the country to enhance access to justice. Unsurprisingly, among them, the parties with a social justice plank focus mainly on the representation of disadvantaged groups in the higher courts. On the other hand, a few of them such as Trinamool Congress have expanded their ambit and promised fast-track courts, funding, and reducing case backlogs, it talked about other ambitious reforms such as revamping the procedural laws.