Deeply Unsettling To See Govt Embroiled In Frivolous Litigation: Delhi High Court Calls For Mechanism To Hold Erring Officers Accountable

The Delhi High Court has said that there is an urgent need for a system that prevents unnecessary and frivolous litigation concerning government departments or bodies which should focus on conducting audit of decision-making process to contest cases. 

The court added that such a mechanism must also focus of the principles of responsibility and accountability of erring government officials.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the policy or guidelines should articulate the parameters for initiating or contesting legal actions on behalf of the government which should not only aim to prevent frivolous litigation but also set forth mechanisms to hold officers accountable for their decision.

“The checks and balances should, at outset, involve mandatory consultations between the concerned officers of the government body/ organisation and legal experts towards ensuring that cases involving well-settled issues are not sought to be relitigated. Next, a peer-review mechanism should be established where decisions, to contest cases prior to its commencement and filing of appeals, are scrutinized by a committee of experts within the government body/ organisation, comprising of members/ officers who are well-versed with the matter at hand,” the court said.

The bench added that a mechanism should be established to put up instances of negligence or laxity due to the officers in-charge for consideration by the senior-most officers of the concerned government department or body and suitable action should be initiated against the erring officers.

“Ongoing cases should also be reviewed periodically to sift out meaningless litigation. Mandatory training sessions should be organised for officers involved in the process of initiating and managing litigation, especially on avoiding adjournments and delay. An adaptable and evolving policy is the need of the hour, so as to ensure that emerging best practices in justice delivery, are utilised. This would ensure that the participation of the government in the judicial process is more sagacious and streamlined,” the court said.

The bench made the observations while dealing with a bunch of pleas arising from orders passed by the Railway Claims Tribunal as well as the trial court qua a property dispute involving the Cement Corporation of India Limited, a public service undertaking.

The single judge had reclassified the petitions as PILs and referred them to the bench for a focused examination of issues concerning Government’s accountability and the lack of a “National Litigation Policy.”

The National Litigation Policy, 2010, was formulated by the Union Ministry of Law and Justice to tackle the issue of frivolous litigation involving Central and State Governments or PSUs. However, the said policy has not been implemented yet.

The court observed that there is a “compelling necessity” for a comprehensive, unified litigation policy which should aim to tackle the root cause that give rise to inefficient and excessive litigation.

“As it stands, the formulation of these specialized guidelines appears to be an ongoing endeavour. While the Union Minister hinted at the development of these ‘guidelines,’ their scope, timelines of drafting and their eventual implementation, remain uncertain,” the court said.

It added that it is the court’s solemn duty to impress upon the Union of India the critical need to act decisively, either by issuing uniform guidelines to various departments or by formalizing a comprehensive National Litigation Policy.

“It is deeply unsettling to witness government entities, whose primary mandate should be the promotion of social welfare, to be embroiled in frivolous litigation. Such conduct not only squanders taxpayers' money but also undermines the very interests of the citizens these entities are meant to serve. Costs in such cases are transferred onto the public exchequer, thereby ultimately penalizing taxpayers instead of the individuals who initiated the irresponsibly framed legal action or contested a case on frivolous grounds,” the court said.

Furthermore, the court said that while the guidelines and policies are under preparation, the government need not wait for formal documentation to instil an ethos of accountability and reduce unnecessary litigation.

It added that nothing precludes the Union Government from embracing the principles suggested by the court and that the said practices can serve as an interim framework and should be adopted as precursors to formulation of formal policy after due deliberation with experts or stakeholders.

“The government, as the largest litigant in the country, bears an intrinsic responsibility — a duty that goes beyond traditional roles. It is expected to be a beacon of propriety, setting precedents in litigation ethics, fairness, and judicious use of resources. An effective litigation policy or guideline is not merely an administrative tool; it is a powerful statement of intent, reflecting the government’s unwavering commitment to the rule of law, equity, and justice,” the court said.

The bench also said that the government must prepare a time-bound action plan for implementation of the ‘National Litigation Policy’ or the guidelines that are under contemplation.

“Registry is directed to communicate a copy of this judgment to the Secretary, Ministry of Law & Justice, Government of India, for necessary action. Further, it is also felt appropriate to also transmit a copy of this judgment to Secretary, Department of Law, Justice & Legislative Affairs, Government of NCT of Delhi, for due consideration,” the court ordered.

Title: UNION OF INDIA v. MS. KIRAN KANOJIA and other connected matters

Citation: 2023 LiveLaw (Del) 881

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