Parliamentary panel to discuss implementation of National Litigation Policy already junked by govt

NEW DELHI: A parliamentary committee has decided to examine the formulation and implementation of a National Litigation Policy, although the government has already scrapped the plan and instead issued directives to Union ministries, departments and PSUs last year on ways to cut down on court cases where they are a party.

The newly reconstituted Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, headed by BJP's Rajya Sabha MP Sujeet Kumar, has selected the 'Formulation and Implementation of the National Litigation Policy' as one of the subjects for examination in 2026-27, according to a Lok Sabha bulletin issued on Wednesday.

Subjects are selected in the first few meetings of any parliamentary committee based on the inputs provided by members.

The government's now-shelved plan for a national litigation policy was in the works for years.

Seeking to shed the tag of being the biggest litigant, the Union government had been working on a comprehensive policy to cut down on cases where it, its departments or Public Sector Units (PSU) are a party.

However, the Union Ministry of Law, in 2025, discarded the plan to bring out a national litigation policy as the thought prevailed that the government cannot have a policy on curbing litigation as it cannot stop people at large from filing cases.

"The term policy cannot be used if it is applicable only to the government, its ministries and departments and not to private litigation. Something which is not universally applicable cannot be termed as a policy ... curbing government litigation is a very inward-looking move," a top ministry functionary had told PTI.

The official pointed out that the term "directive" has been used as it has a "sense of force" and words like "guideline" were avoided as they are "generic" in nature.

Another key reason for not bringing a policy was that it needs approval of the Union Cabinet. Any tweaks in future would also have required Cabinet approvals.

The "Directive for the Efficient and Effective Management of Litigation by the Government of India" issued by the Department of Legal Affairs in the law ministry was cleared by a committee of secretaries and will be reviewed annually for progress made and changes required.

The directive, issued in April 2025, stated that the objective of various government decisions and actions is to promote public good and better governance.

"Sometimes, the ineffective implementation of these may lead to the exclusion of intended beneficiaries or the unintended ones being benefited. In some cases, affected parties may perceive certain decisions as unfair and pursue legal recourse through litigation," the directive said, highlighting the importance of effective implementation of decisions by Central ministries, departments and PSUs.

In February 2025, the law ministry told the Rajya Sabha that the Centre was a party in nearly seven lakh cases pending across courts, with the finance ministry alone being a litigant in nearly two lakh cases.

Citing data available on the Legal Information Management and Briefing System, Law Minister Arjun Ram Meghwal had said, "There are about seven lakh cases pending where the Government of India is a party. Out of these, in about 1.9 lakh cases, the Ministry of Finance is mentioned as a party."

Minimising "unwarranted appeals" in courts and addressing "inconsistencies in notifications and orders" that lead to court cases are the key measures proposed by the law ministry.

The directive aims to introduce stringent measures to simplify legal procedures, prevent unnecessary litigation, address inconsistencies in notifications and orders, and minimise unwarranted appeals.

The national litigation policy had been drafted and redrafted over several years with successive governments deliberating on its contours.

Finally, a set of directives was issued.

During the United Progressive Alliance II, then law minister M Veerappa Moily came out with a national litigation policy, but it never went forward. While Moily had formulated the policy, he did not send it for the Union Cabinet's approval. Later, when the document went to the Cabinet, no decision was taken on it.

An official statement issued on June 23, 2010, said the Centre had formulated a national litigation policy to reduce cases pending in various courts in India under the National Legal Mission to reduce the average pendency time from 15 years to three years.

According to the 'vision' of the 2010 policy, it was based on the recognition that the government and its various agencies are the predominant litigants in courts and tribunals in the country.