Justice Delayed Is Justice Denied: Central Govt introduces sweeping reforms to fast-track long-pending court cases and curb unnecessary litigation for efficient justice delivery and governance.
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NEW DELHI: In a landmark move to curb the government’s burgeoning role as the “largest litigant,” the Union Ministry of Law and Justice has rolled out a comprehensive Standard Operating Procedure (SOP) titled ‘Directive for the Efficient and Effective Management of Litigation by Government of India’.
This initiative aims to transform how central ministries and departments handle litigation and aligns with the nation’s long-term vision of “Viksit Bharat by 2047″.
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India’s courts are overburdened, and nearly 50% of pending cases involve the government as a party. The reasons range from procedural delays and policy ambiguities to service-related grievances and avoidable appeals. This directive addresses systemic bottlenecks by encouraging ministries to adopt a proactive, coordinated, and technology-driven litigation strategy.
Classification of Cases
A key feature of the directive is the classification of cases into highly sensitive, sensitive, and regular categories.
Cases with national security, law and order, or significant financial implications must be reviewed and monitored at the highest levels, including the department secretary.
To prevent unnecessary burdening of the judiciary, especially the Supreme Court, the directive mandates that Special Leave Petitions (SLPs) under Article 136 of the Constitution should only be filed in rare, exceptional cases, such as those involving conflicting High Court decisions, substantial public policy questions, or grave injustice.
The directive emphasizes the need for every ministry and department to have a dedicated legal cell managed by trained personnel. A Joint Secretary-level Nodal Officer with a legal background should oversee litigation, while young legal professionals and experts may be hired on a contractual or project basis.
Moreover, ministries must promote alternative dispute resolution (ADR) mechanisms like mediation and arbitration. To support this, the directive calls for the inclusion of arbitration clauses in government contracts and the creation of an Arbitration Portal to track ongoing cases.
Legal Information Management and Briefing System (LIMBS)
To enhance transparency and coordination, all legal matters are to be updated on the Legal Information Management and Briefing System (LIMBS). This centralized platform will be used for case tracking, payment of counsel fees, and monitoring litigation trends.
The performance of empaneled panel counsel will also be reviewed annually, with promotions, extensions, or removals based on objective feedback. An annual conference of legal officers, judges, and policymakers will be convened to address pressing legal challenges collaboratively.
Additional reforms include the risk assessment of new laws and policies before implementation to preempt litigation, the simplification of subordinate legislation, and proactive tagging and consolidation of cases with similar legal questions.
Ministries must also strengthen grievance redressal systems to reduce service-related litigation and implement internal review mechanisms. The directive encourages the use of root cause analysis for important cases to avoid the recurrence of disputes and mandates that appeals be filed within statutory deadlines.
Challenge to Orders of CAT or a High Court
Furthermore, the government has been advised to avoid filing appeals against ex parte interim orders, unless they contradict public policy. Orders of Central Administrative Tribunals (CAT) or High Courts that conflict with DoPT guidelines should be appealed without requiring prior consultation.
To limit litigation in commercial and contractual matters, the directive introduces a pecuniary threshold, litigation involving amounts under Rs. 10 crore should be reviewed carefully before initiating appeals.
Amnesty Schemes
In a citizen-centric move, the directive suggests the creation of amnesty schemes under non-tax laws to resolve regulatory disputes that do not impact public interest. These schemes, combined with ADR methods, will promote ease of living, reduce pendency, and enhance government efficiency.
The monitoring and implementation of this directive will be overseen by a Committee of Secretaries, chaired by the Cabinet Secretary, with an annual report compiled by the Department of Legal Affairs.
Applicable to all ministries, departments, attached offices, autonomous bodies, and CPSEs, the directive also invites State Governments to adopt its provisions for more efficient litigation management. This sweeping reform is not merely administrative; it marks a decisive shift in the government’s approach to legal disputes, aiming to reduce costs, delays, and inefficiencies while fostering responsible governance and judicial discipline.
READ ATTACHMENT HERE
