The Ministry of Law and Justice has issued an extensive directive aimed at ensuring efficient and effective litigation management across all Ministries, Departments, and autonomous bodies of the Central Government. The directive, titled “Directive for the Efficient and Effective Management of Litigation by the Government of India,” introduces a comprehensive standard operating procedure (SOP) with an eye on minimizing avoidable litigation and enhancing governance standards.
The government is the largest litigant in India, involved in thousands of cases spanning various courts, tribunals, and quasi-judicial forums. Recognizing the mounting pressure on the judiciary and public resources, the directive outlines structural reforms, legal capacity building, and procedural streamlining to curb unnecessary litigation.
Establishment of Legal Cells and Nodal Officers:
Ministries and departments are directed to set up dedicated legal cells within three months. A Nodal Officer of Joint Secretary rank or above with legal expertise will oversee litigation management and ensure accountability.
Litigation Risk Assessment in Policy Drafting
Before enacting new laws or policies, departments must conduct standalone litigation risk assessments to reduce potential legal disputes.
Dispute Avoidance Through Grievance Mechanisms
A significant portion of government litigation arises from service-related issues. The directive calls for robust grievance redressal frameworks and periodic staff feedback systems, including measures like “Staff Adalats” as piloted by the Department of Posts.
Emphasis on Alternative Dispute Resolution (ADR)
To reduce court burden, ministries are encouraged to adopt ADR mechanisms such as mediation and institutional arbitration. A centralized Arbitration Portal, similar to the National Judicial Data Grid, will be established to track and manage arbitration cases involving the government.
Guidelines on Appeals and Special Leave Petitions
The directive discourages filing appeals and Special Leave Petitions (SLPs) in routine cases. Appeals in commercial matters below ₹10 crore must be reviewed by a high-level committee for their cost-benefit analysis before proceeding.
Use of Technology
Litigation tracking systems like the Legal Information Management and Briefing System (LIMBS) will be revamped and integrated with e-courts databases to improve monitoring. Artificial Intelligence will be leveraged for root cause analysis of major litigation outcomes.
Periodic Legal Workshops and Conferences
Annual conferences involving civil servants, judges, and legal experts will be organized to address emerging legal issues, promote legal clarity, and dismantle institutional silos.
Applicability and State Adoption
The directive applies to all Central Government entities and arbitration cases involving CPSEs. State governments are also encouraged to adopt this SOP to enhance their litigation management.
Monitoring and Review
The implementation of this directive will be reviewed annually by a Committee of Secretaries chaired by the Cabinet Secretary. The Department of Legal Affairs will prepare annual reports and provide necessary technical support.
A Step Toward Good Governance
With this initiative, the government aims to not only ease the judicial backlog but also foster a culture of responsible litigation and evidence-based policymaking. It aligns with the broader national vision of achieving Viksit Bharat by 2047 through efficient governance and legal accountability.
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