Page 3 - Tehelka-May18

Editor’s Note

Supreme Court rap to government

for being compulsive litigant

The rap from the Supreme Court ment from meaningful governance.
of India in a recently decided case Ironically, the website of the Department of Justice
saying that the government must shows that the National Litigation Policy, 2010 is still
shape up its litigation policy and being reviewed. It shows that nothing has been final-
cease to be a compulsive litigant, ised by the Union of India for the last almost about eight
is a clear indictment of the Union years and under the garb of ease of doing business, the
Government. The Court has ob- judiciary is being asked to reform. The boot is really on
served that the Union of India must the other leg. The aim of the “National Litigation Policy”
appreciate that by pursuing frivolous (NLP) is to transform the government into a “respon-
or infructuous cases, it is adding to the burden of this sible and efficient” litigant. This concept obligates the
Court and collaterally harming other litigants by delay- government to be a model litigant. The policy idealisti-
ing hearing of their cases through the sheer volume of cally suggests an implementation mechanism, greater
numbers.Government litigation reportedly constitutes accountability regarding governmental litigation, and
nearly half of all litigation in the Indian judiciary. If the mandates “suitable action” against officials violating
Union of India cares little for the justice delivery sys- this policy. The website also shows that the formulation
tem, it should at least display some concern for litigants, of the National Litigation Policy, 2015 is under consid-
many of whom have to spend a fortune in litigating in eration. When this will be finalised is anybody’s guess.
the Supreme Court. What is needed is an implementa- There is also an Action Plan to reduce government liti-
ble action plan to ensure that common people are not gation which was formulated on June 13, 2017. However,
forced to file cases against the government and its all these measures have not yet seen the light of the day.
agencies and to find out litigation-prone departments The reasons could be varied. It seems that the disinter-
and formulating solutions unique to each department. ested bureaucracy is not sufficiently motivated to come
Any attempt to reduce the backlog would be applauded out with a comprehensive and foolproof Policy. But
once “litigation for the sake of litigation” is shunned. To could a disinterested bureaucracy be an excuse for not
reduce government litigations which burden the na- acting on a pressing issue?
tional exchequer, Central ministries need to ensure that
courts are approached only as a last resort and cases,
where chances of winning are lean are not pursued.
The pendency of cases in courts besides being burden
upon public exchequer also diverts attention of govern- (charanjit ahuja)

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Volume 15, Issue no. 10, 16-31 may 2018, released on 16 may, number of pages including cover 68
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3 Editor'sNote.indd 3 17/05/18 3:24 PM