Law Ministry comes out with ‘directive’ to reduce litigation involving Central Government

Seeking to reduce and prevent court cases involving the Central Government, the Union Law Ministry has come out with a set of directives to be followed by all Central ministries.

The Central Government is a party in nearly seven lakh cases pending across courts, according to official data.

Minimising “unwarranted appeals” in courts and addressing “inconsistencies in notifications and orders” that lead to court cases are the key measures proposed by the ministry.

The Department of Legal Affairs in the Law Ministry has formulated the “directive for the efficient and effective management of litigation by the Government of India” based on the recommendations of the committee of secretaries (CoS), chaired by the Cabinet Secretary, the ministry said in a statement on Friday.

“It shall be applicable to all ministries and departments of the Central Government, including their attached and subordinate offices, autonomous bodies, as well as Central Public Sector Enterprises (CPSEs)…,” it said.

For CPSEs, the directive will also be applicable in matters pertaining to arbitration, a functionary explained.

The Law Ministry had in February told the Rajya Sabha that the Central Government was a party in nearly seven lakh cases pending across courts, with the Finance Ministry alone being of the litigants in nearly two lakh cases.

Citing data available on the Legal Information Management & Briefing System (LIMBS), Law Minister Arjun Ram Meghwal had said, “There are about seven lakh cases pending where the Government of India is a party. Out of these, in about 1.9 lakh cases the Ministry of Finance is mentioned as a party”.

The directive adopts a comprehensive approach in reinforcing the goal of good governance, ensuring public welfare, and facilitating the timely dispensation of justice, the Department of Legal Affairs said.

The directive aims to introduce stringent measures to simplify legal procedures, prevent unnecessary litigation, address inconsistencies in notifications and orders, and minimise unwarranted appeals.

It also seeks to streamline inter-departmental coordination in litigation, ensure greater public accountability in arbitration matters, and establish a robust Knowledge Management System (KMS) to improve and enhance the efficiency of legal processes.

The implementation of the recommendations outlined in the directive will be reviewed by the Committee of Secretaries, the department noted.

India