The Union Law Ministry finalized the national litigation policy document on Tuesday(11th June), aiming to expedite the resolution of pending cases. Newly appointed Law Minister Arjun Ram Meghwal signed the document, which will soon be presented to the Union Cabinet for approval.
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NEW DELHI: On Tuesday(11th June), Law and Justice Minister Arjun Ram Meghwal has commenced a comprehensive review of the litigation system in India. As one of his first tasks after assuming office, Meghwal has begun collating opinions from various stakeholders under a new National Litigation Policy.
During a press briefing, Meghwal confirmed that the three new criminal laws would be enforced on 1 July as planned. He emphasized that his ministry’s focus would also be on enhancing arbitration processes to increase the ease of doing business in the country.
Arjun Ram Meghwal, one of the five ministers of state with independent charge in Prime Minister Narendra Modi’s new Cabinet, has returned to the Ministry of Law and Justice for his second tenure. His previous experience in the ministry is expected to lend valuable insights into his current initiatives.
Following his media address, Meghwal convened meetings with senior officials from the Department of Legal Affairs, the Legislative Department, and the Department of Justice. These discussions were centered around the law ministry’s agenda for the first 100 days after coming into power.
The law minister highlighted his recent signing of a policy paper on the long-awaited National Litigation Policy. This policy aims to incorporate the viewpoints of all relevant stakeholders, including litigators and litigants, to address critical issues in the litigation system.
The National Litigation Policy is designed to tackle several persistent challenges faced by litigants. These include high legal costs, limited access to legal appeals, and the significant pendency of lawsuits in courts. The Union government, being a party to numerous lawsuits before the Supreme Court, stands to benefit greatly from this policy.
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Arjun Goswami, Policy Director at Cyril Amarchand Mangaldas, a leading law firm, commented on the policy’s significance.
“His approval of the national litigation policy aligns with the government’s longstanding commitment to reducing state-involved litigation and is consistent with the recommendations of the economic survey.”
-Goswami said.
Law and Justice Minister Arjun Ram Meghwal has announced the enforcement of the new National Litigation Policy. The policy, aimed at streamlining the legal processes and reducing the backlog of cases, will be supported by the implementation of three new criminal laws set to take effect on July 1, 2024.
Since 2010, various states including Bihar, Andhra Pradesh, Gujarat, West Bengal, and Maharashtra have developed their own litigation policies. These state-specific policies have focused on addressing the challenges associated with litigation involving state governments and improving the legal infrastructure within their jurisdictions.
Law Minister Meghwal emphasized the imminent enforcement of three new criminal laws, replacing the outdated British-era statutes.
“The enforcement of the three new criminal laws on July 1 will proceed without any obstacles.”
– he assured.
These laws were passed by the Parliament in late 2023 and are designed to modernize the legal framework of the country.
The Bharatiya Nyay Samhita will replace the Indian Penal Code, redefining crimes and their punishments. The Bharatiya Nagarik Suraksha (Second) Sanhita will take the place of the Criminal Procedure Code, outlining the procedures for prosecuting crimes. Lastly, the Bharatiya Sakshya Act will supersede the Evidence Act, which governs the collection and presentation of evidence in legal proceedings.
Meghwal highlighted the extensive preparations made by the law ministry to ensure a smooth transition to these new laws.
“The law ministry has organized symposiums nationwide, implemented training programs for lawyers and judges, and established educational institutions for forensic science.”
-he stated, underscoring the ministry’s commitment to effective implementation.
Reducing the backlog of pending lawsuits is a top priority for the law ministry. Meghwal emphasized the importance of easing business processes to foster corporate participation.
“The ministry aims to foster corporate participation by enhancing the ease of doing business.”
– he noted.
Meghwal expressed his vision for India to become a global hub for arbitration.
“India is poised to emerge as a hub for arbitration. Currently, individuals opt for arbitration in Singapore and London. However, with our potential, why should they look elsewhere when they can conduct arbitration here?”
– he questioned, highlighting the government’s efforts to create a favorable environment for arbitration within the country.
In line with this vision, the government passed the Mediation Act in 2023, aiming to encourage out-of-court settlements.
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“The passage of the Mediation Act enables people to efficiently resolve disputes outside of court. This approach facilitates quicker resolution of disputes and contributes to reducing the backlog in courts.”
-Meghwal explained.
The Modi government has also made significant amendments to the Arbitration and Conciliation Act in 2015, 2019, and 2021 to further streamline the arbitration process.
Meghwal underscored the importance of incorporating new technologies to enhance the efficiency of the legal system.
“The law ministry is committed to prioritizing these initiatives, leveraging the assistance of new technology.”
– he said, pointing to the numerous benefits of tech-driven legal processes.
Goswami from Cyril Amarchand Mangaldas echoed this sentiment, stating-
“The widespread adoption of technology-driven tools and systems in the courts presents a significant opportunity for advancement.”
One of the key tech-driven initiatives is the implementation of Phase III of the e-Courts project, launched in September last year. This project aims to digitize court records, adopt cloud technology, and conduct online hearings over the next four years. The government has allocated a budget of Rs.7,210 crore for Phase III of the e-Courts project, demonstrating its commitment to modernizing the judicial system.
