Background of the National Litigation Policy

Context:

With an aim to reduce the burden of pending court cases in which the government is a party, the Union Ministry of Law and Justice approved the National Litigation Policy, which will now be sent to the Cabinet for approval.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Background of the National Litigation Policy
2. About the National Litigation Policy
3. Significance of the National Litigation Policy

Background of the National Litigation Policy:

• Current Scenario: Approximately 50 million legal cases are pending at various levels of the judiciary across India, making the government the country’s leading litigator.
  • For instance, the government accounts for 73% of all cases admitted by the Supreme Court.
• Policy History:
  • Launched in 2010 to make the government a more “responsible litigant,” but was not implemented.
  • Revived by the NDA government in 2015. In 2021, the then-Law Minister mentioned in a reply to the Lok Sabha that the policy was under consideration.
  • Recently, the policy was approved by the Union Law Minister as part of the BJP’s 2024 Lok Sabha election manifesto.

About the National Litigation Policy:

• Core Recognition: The government and its various agencies are the predominant litigants in Indian courts and tribunals.
• Objective: Transform the government into an efficient and responsible litigant.
  • Efficient Litigant:
    • Represented by competent and sensitive legal professionals.
    • Focus on core issues and address them directly.
    • Manage and conduct litigation cohesively, in a coordinated and time-bound manner.
    • Ensure good cases are pursued and unnecessary cases are avoided.
  • Responsible Litigant:
    • Avoid false pleas and technical points.
    • Ensure correct facts and all relevant documents are presented to the court.
    • No attempt to mislead any court or tribunal.
    • Prioritize litigation with emphasis on welfare legislation, social reform, and support for weaker sections.
• Policy Suggestions:
  • Review pending cases involving the government on a priority basis for quick disposal.
  • Implement a monitoring and review mechanism to sensitize the government on important cases and avoid delays.

Significance of the National Litigation Policy:

• Primary Purpose: Reduce government litigation in courts, allowing valuable court time to be used for resolving other pending cases.
• Judicial Efficiency: Aid in achieving the goal of the National Mission for Justice Delivery & Legal Reforms to reduce the average pendency time from 15 years to 3 years.
• Government Responsibility:
  • Protect citizens’ rights and respect fundamental rights.
  • Ensure those handling government litigation adhere to the principle of transparency and accountability.

-Source: Indian Express