Latest Article

National litigation policy in India

Courtesy/By: Nandini Singh | 2020-05-31 21:30     Views : 357

National Litigation Policy is formulated by the Ministry of Law and Justice of the govt of India to bring down the litigation from government agencies by making them felt in filing cases.

The litigation process is lengthy and time-consuming in India. In 2010, 2.5 crore (25 million) legal cases were pending at various levels of the judiciary across the country.

Policy. The National Litigation Policy relies on the popularity that government and its various agencies are the predominant litigants in courts and tribunals within the country. Its aim is to rework government into an efficient and responsible litigant. This policy is additionally supported the popularity that it's the responsibility of the govt to safeguard the rights of citizens, to respect fundamental rights and people guilty of the conduct of state litigation should always remember this principle.

Efficient litigant means:

  • Focusing on the core issues involved within the litigation and addressing them squarely.
  • Managing and conducting litigation in a very cohesive, coordinated and time-bound manner.
  • Ensuring that good cases are won and bad cases don't seem to be needlessly persevered with.
  • A litigant who is represented by competent and sensitive legal persons: competent in their skills and sensitive to the facts that government isn't a normal litigant which a litigation doesn't must be won at any cost.

Responsible litigant means:

  • That litigation won't be resorted to for the sake of litigating.
  • That false pleas and technical points won't be taken and shall be discouraged.
  • Ensuring that the proper facts and every one relevant documents are going to be placed before the court.
  • That nothing are going to be suppressed from the court and there'll be no try to mislead any court or Tribunal.

The government must cease to be a compulsive litigant. The philosophy that matters should be left to the courts for ultimate decision needs to be discarded. the straightforward approach, “Let the court decide,” must be eschewed and condemned.

The purpose underlying this policy is additionally to cut back Government litigation in courts so valuable court time would be spent in resolving other pending cases so on achieve the Goal within the National Legal Mission to cut back average pendency time from 15 years to three years. Litigators on behalf of state must detain mind the principles incorporated within the National mission for judicial reforms which incorporates identifying bottlenecks which the govt and its agencies could also be concerned with and also removing unnecessary Government cases. Prioritization in litigation needs to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must incline utmost priority.

The salient features of the policy are

  • To ensure government agencies being responsible while filing cases.
  • It instructs to position correct facts, all relevant documents before the court/tribunal and to not mislead them.
  • Pending cases with government as party to be reviewed on priority basis to enable quick disposal.
  • Proposed a monitoring and review mechanism to sensitize government in important cases and avoid delay and neglect of the identical.

 

Courtesy/By: Nandini Singh | 2020-05-31 21:30