Daily News Analysis

National Litigation Policy

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The National Litigation Policy, recently approved by the Union Ministry of Law and Justice, aims to address the significant burden of pending court cases involving the government. Here’s a summary of the policy's key points and its significance:

About the National Litigation Policy

  1. Objective:
    • The policy seeks to transform the government into an efficient and responsible litigant in legal proceedings.
  2. Definitions:
    • Efficient Litigant:
      • Competence: Representation by skilled and sensitive legal professionals.
      • Focus: Addressing core issues of litigation directly and effectively.
      • Coordination: Managing cases in a cohesive, coordinated, and time-bound manner.
      • Case Management: Ensuring that meritorious cases are pursued and weak cases are not unnecessarily continued.
    • Responsible Litigant:
      • Integrity: Avoiding false claims and technicalities, and ensuring that all facts and relevant documents are presented truthfully.
      • Transparency: Full disclosure to the court with no attempts to mislead or withhold information.
      • Prioritization: Focusing on welfare legislation, social reform, and issues affecting weaker sections of society.
  3. Review Mechanism:
    • The policy advocates for a systematic review of pending cases involving the government to expedite their disposal.
    • Proposes a monitoring and review mechanism to ensure prompt and effective handling of important cases.

Significance of the National Litigation Policy

  1. Reduction in Government Litigation:
    • By minimizing unnecessary litigation, the policy aims to free up court time for other pending cases, thus improving the efficiency of the judicial system.
  2. Judicial Efficiency:
    • Supports the National Mission for Justice Delivery & Legal Reforms’ goal to reduce the average pendency time for cases from 15 years to 3 years.
  3. Government Responsibility:
    • Reinforces the government’s role in protecting citizens' rights and respecting fundamental rights, emphasizing that those managing government litigation should adhere to these principles.

The policy represents a significant step towards making the government a more efficient and ethical participant in the judicial process, ultimately benefiting the overall justice system by ensuring quicker resolution of cases and better management of resources.

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