STOCK MARKET BSE NSE

Legal Officers to Cut Pendency in Courts

Published: 03rd May 2015 06:00 AM  |   Last Updated: 03rd May 2015 10:39 AM   |  A+A-

NEW DELHI: To reduce the huge pendency of cases in the country, the government has decided to make itself an efficient and responsible litigant in every new case it would be filing in the future.

The government and its agencies are predominant parties to litigation in various courts and tribunals in the country. According to an estimate by the Department of Legal Affairs, it was submitted that the government is the litigant in almost 70 per cent of the total pending cases. These cases range from service-related matters to indirect taxes.

Under the new policy, it is proposed that law officers will be appointed in each department of the government of India to take a holistic view of litigation while filing new cases or defending the pending ones.

Legal Officers.JPG“The cases in which the government has a slim chance of winning need not be pursued further. The pendency of cases in courts, besides being burden upon public exchequer, also diverts attention of the government from meaningful governance,” a senior law ministry official said.

 “To reverse this image, the government is proposing to have in place a system whereby every court case or order will be closely scrutinised within the department itself with a view to determine whether the matter be agitated further or should the decision of the court be accepted and implemented,” the official said .

Though the previous UPA government had launched a National Litigation Policy in 2010 to reduce pendency of cases where the government is a party, the policy was not been successful. The NDA’s revised National Litigation Policy is expected to help save time, money and energy of various government departments and reduce the burden on courts.

The government has also proposed to set up a web portal to make centralised data available where each ministry and department will be required to upload the details of cases pending in various courts and tribunals and the status of these cases. The Ministry of Law and Justice is also planning to decentralize the availability of legal assistance to the ministries by providing services of Indian legal services (ILS) officers in each ministry. Only sensitive matters will come to the main Secretariat of Department of Legal Affairs.

“These officers’ main work would be to scrutinize the cases where appeals need to be filed and decide whether the service of private lawyers is required or not. The posting of ILS officers would be productive, provided an accountability mechanism is built into the scheme so that ILS officers posted in the ministry are made responsible for legal viability of decisions taken by that ministry,” the official said.

Stay up to date on all the latest The Sunday Standard news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp