NEW DELHI: The Cabinet Secretary has asked all ministries to review and identify long-pending court cases, particularly those before the Supreme Court, which may be suitable for settlement through mediation. In a recent communication to the secretaries of central ministries, Cabinet Secretary TV Somanathan drew their personal attention to the backlog of cases, noting that mediation offers an opportunity for practical and amicable dispute resolution.
“Mediation provides an opportunity for timely, practical and mutually acceptable settlement of disputes that may otherwise remain under prolonged litigation… also encourage attached offices, autonomous bodies and public sector units to undertake a similar exercise in respect of litigation under their administrative control,” his letter read.
Referring to the special Lok Adalat being organised by the Supreme Court in August to settle pending cases through mutual consent and mediation, Somanathan wrote, “You may recall that several measures have been initiated pursuant to the ‘Directive on Efficient and Effective Management of Government Litigation, 2025’ to reduce avoidable litigation and facilitate timely resolution of disputes. Just during a recent review of the progress, emphasis was placed on the greater use of mediation and settlement mechanisms, where appropriate.”
Notably, the Department of Legal Affairs (DoLA) has also written to ministries and departments, asking them to identify legacy cases and assess whether they can be resolved, closed or withdrawn as part of an effective litigation management strategy.
The cases in focus include matters that have become infructuous over time; those arising under laws, rules or regulatory frameworks that are no longer in force; and cases in which the ministry or department is only a proforma party, impleaded in a lawsuit as a procedural formality. Legacy litigation may also include cases involving misjoinder, disputes over issues already settled by judicial pronouncements, or matters in which subsequent legislative, policy, or administrative developments bear on the continuation of the proceedings. As part of the initiative, the department has been coordinating with various high courts to obtain details of long-pending matters. So far, ministries and departments have identified approximately 5,000 such cases.
A large number of pending court cases have been under the Centre’s scrutiny for a long time. In April last year, the Law Ministry issued a set of directives aimed at reducing and preventing court cases involving the central government.
