Click Here To Read LiveLaw Hindi- The First Hindi Legal News Website

Reduce Litigation By Governments: Law Minister To Centre, States

· “File cases only after careful and considered view”

· “Identify frivolous and vexatious matters and separate them with merit and take quick steps to either withdraw or dispose them speedily”

· “Litigation should be adopted only as a last resort”

With government-Centre and state governments being a party to nearly 46 per cent of the 3.14 crore cases pending in courts, Law Minister Ravi Shankar Prasad has asked the central and state ministries to help reduce the burden by filing cases only after taking a “careful and considered” view.
“It is time the ministries shed the tag of being a compulsive litigant…the judiciary has to spend its maximum time in tackling cases where the government is a party, and the burden on the judiciary can only be reduced if the cases are filed after taking a careful and considered view.”, Prasad said in a letter addressed to his cabinet colleagues, heading various ministries.

CJIS HAD TALKED TOUGH

The stand is significant as three recent chief justices P Sathasivam ,R M Lodha and T S Thakur had repeatedly asked governments and public sector units to find ways and means to reduce litigation calling central and state governments the “biggest litigant”.

Though Law Ministry officials have noted that the government is a party in 46 per cent of the cases pending in courts, it is for the first time that the Law Minister has gone on record with this figure.

The Law Minister has also addressed a similar letter to the chief ministers of all states. He said officials should identify frivolous and vexatious matters and separate them with merit and take quick steps to either withdraw or dispose them speedily.

Filing of new cases against the state governments or the government staff should be discouraged and recourse to litigation should be adopted only as a last resort, Prasad said.

The Law Minister’s letter to his cabinet colleagues and the CMs came at a time when the Centre is working to bring out a national litigation policy since 2010.

Several states have already adopted their separate litigation policies. Prime Minister Narendra Modi had in October last termed the government as the biggest litigant and had pushed for a need to lessen the load on the judiciary which spends its maximum time in tackling cases where the government is a party.

Got Something To Say:

Your email address will not be published. Required fields are marked *


*

*

  • Girish joshi says:

    Before some body approaches the higher Court’s, there are so many options available.

    Every dispute starts at a local level. Authority’s who can take care are
    Police.
    Panchayat.
    Sub divisional magistrate.
    Divisional magistrate.

    When all these above fail to exercise their designated powers with either displeasing their political bosses or loosing the work place of choice, they pass on the bug.

    If all the authority’s are made autonomous , answerable and free from political encroachment it will definitely make the difference.

    All actions should be compulsorily video recorder right from FIR to legal submissions.

  • V NATARAJAN says:

    DEAR SIRS/ HON MINISTER FOR LAW , UOI, SHRI RS PRASAD JI,

    AS A CRUSADER FOR OLD CENT GOVT PENSIONERS JUSTICE SINCE 2008, I HAD BEEN VOICING CONCERN AND FIGHTING LEGAL BATTLES , MOST OF WHIVH PERTAIN TO GROSS INJUSTICES INFLICTED BY THE GOI DEPTS OF PERSONNEL, PENSION , AND EXPENDITURE, WITH A NAIVE SUPPORT FROM THE DEPT OF LEGAL AFFAIRS. I HAD EVEN COMPLAINED OF A DOUBTFUL NEXUS AMONG POSSIBLY VESTED INTERESTS.

    IN SIXTH CPC IMPLEMENTATION , THE CABINET DECISION WAS TAMPERED TO REDUCE PENSION OF OLD JOINT SECRETARY LEVEL , SAG RETIREES AND TO GET JUSTICE, WE HAD TO FIGHT UPTO HSC. CURATIVE PETITION STAGE. SEVERAL SUCH FAMOUS CASES DO EXIST. IF THE TWO DEPTS UNDER HON PMO VIZ DEPT OF PERSONNEL & PENSION AND THEVDEPT OF LA / MIN OF LAW JUSTICE , COOPERSTE, ALL LITIGATIONS CAN BE AVOIDED.

    BUT EVEN NOW, IN SPITE OF ALL APPEALS BY YOU/ DOPT ETC, A FEW DEPATS LIKE GEOLOGICAL SURVEY IF INDIA, MINISTRY OF MINES ETC COMTINUE TO INDULGE IN COMPULSIVE LITIGATIONS, EVEN WHERE THE ISSUES ARE CRYSTAL CKEAR TO TREAT ALL PENSIONERS EQUALLY UNDER LAW AND ALSO CONSTITUTIONALLY .

    WHAT I WROTE TO HON PM MODI JI IS APPENDED:
    MODI EFFECT?

    You are all aware I had been pursuing with Hon PM Modi JI on the issue of GOVT BEING COMPULSIVE LITIGANT THAT TOO IN SERVICE MATTERS ( PAY -PENSION) and concerns the two core depts DOP&T AND DEPT OF PENSION, right under the control of Hon PM / his office.

    My last REMINDER was through the CONGRATULATORY MESSAGE on Wednesday 15 Mar 2017, copied below:

    ( MY/ OUR CONGRATS TO HON PM POSTED IN HIS PERSONAL WEBSITE:

    HON PM.NM JI, IT WAS A STUNNING VICTORY AT THE ASSEMBLY ELECTIONS , SPANNING ACROSS A VAST SEGMENT OF OUR COUNTRY, FROM NE TO SW THROUGH ITS CENTRAL PARTS…OLD SR CITIZENS & CG PENSIONERS LIKE ME HAD NO DOUBT THAT BJP UNDER YOUR AND AMIT JI’S INTIATIVE, WILL SAIL THROUGH …..NOW PEOPLE WOULD EXPECT BJP GOVT TO FULFIL AND DELIVER ITS PROMISES….( SIR, NOW I SUBMIT OUR MEAN EXPECTATION : GOVERNANCE IN DEPTS OF PERSONNEL, PENSION ( BOTH UNDER HON PMO) AND EXPENDITURE AND THEIR PUBLIC GRIEVANCE RESOLUTION MECHANISMS MUST BE SINCERE/ HONEST. THEIR TREATMENT AND ATTENTION FOR RESOLVING THE PENSION PROBLEMS OF OLD RETIRED CG SCIENTISTS & ENGINEERS NEED YOUR ATTENTION AND INTERVENTION TO AVOID LITIGATIONS. THE SUFFERERS ARE THOSE VERY OLD SCIENTISTS & ENGINEERS OF 1940 s to 1990s WHO HAD LAID THE STRONG FOUNDATIONS FOR MODERN INDIA’S GROWTH AND DEVELOPMENT THROUGH TECHNOLOGY….PL GUIDE THE DEPTS..V NATARAJAN, ON BEHALF OF THOUSANDS OF RETD SR ADMIN GRADE AND OTHER PENSIONERS… OUR CONGRATS AND WISHES TO YOU AND BJP 15 MAR 2017)
    .————————————————-
    ( VNATARAJAN, PRESIDENT, PENSIONERS FORUM , CHENNAI)
    ———————————–/————————
    Now pl read this news item ON THE SUBJECT ON THE BASIS OF ADVICE TO ALL MINISTRIES ETC BY HON LAW MINISTER RS PRASAD ON 19 Mar 2017:

    Reduce Litigation By Governments: Law Minister To Centre, States

Top