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National Litigation Policy
Context:
To reduce the burden of pending court cases in which the government is a party, the law ministry clears the National Litigation Policy that seeks to expedite the resolution of pending cases.
More on News:
- The policy would address issues of litigants such as high legal costs, lack of access to legal appeals, and pendency of lawsuits in courts.
- Approval of the national litigation policy is consistent with the long-standing position of the government to try to reduce litigation where the state is involved.
Why National Litigation Policy?
- As per the National Judicial Data Grid (NJDG) portal, there are a total of 4,87,99,450 pending cases before various courts in the country as of 2023.
- The Union government is currently party to more than 6.35 lakh cases pending in various courts across the country.
- In the last five years, the government had shelled out more than Rs 270 crore in litigation expenses.
About National Litigation Policy:
- The National Litigation Policy was formulated by the Department of Legal Affairs in the year 2010 though not placed before Cabinet.
- Based on the recognition that the Government and its various agencies are the predominant litigants in courts and Tribunals in the country.
- It aims to transform Government into an Efficient and Responsible litigant.
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- “Efficient litigant” Means:
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- Focusing on the core issues involved in the litigation and addressing them squarely.
- Managing and conducting litigation in a cohesive, coordinated and time-bound manner.
- A litigant who is represented by competent and sensitive legal persons: competent in their skills and sensitive to the facts that the Government is not an ordinary litigant and that litigation does not have to be won at any cost.
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- “Responsible litigant” means:
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- That litigation will not be resorted to for the sake of litigating.
- False pleas and technical points will not be taken and shall be discouraged.
- Ensuring that the correct facts and all relevant documents will be placed before the court.
- That nothing will be suppressed from the court and there will be no attempt to mislead any court or Tribunal.
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- This policy is based on the recognition that it is the responsibility of the Government to protect the rights of citizens and to respect fundamental rights.
- The purpose underlying this policy is also to reduce Government litigation in courts and to achieve the Goal of the National Legal Mission to reduce the average pendency time from 15 years to 3 years.
- In its 126th Report on ‘Government and Public Sector Undertaking Litigation Policy and Strategies’, the Law Commission has discussed the contributory causes for multiplication of the Government litigation.
- It described that the Government and Public Sector Undertakings must have their litigation policy as well as strategies to reduce Litigation.