Government mulls ceiling on number of cases to be filed by any ministry

By Yagya Vir Singh

New Delhi, June 1: The Narendra Modi-government is mulling a ceiling on the number of cases that may be filed by any particular ministry or department to cut down on litigation initiated by the government which, being the biggest litigant, may be adding up to the judicial backlog which in turn denies timely justice to citizens.

The decision to explore fixing of a ceiling on the number of cases that could be filed by any ministry or department so as to put an end to avoidable and unnecessary court cases was taken in a meeting held by Prime Minister Modi with Secretaries to the Government of India.

The BJP’s 2024 election manifesto promised formulation of a national litigation policy to transform the government into a responsible litigant. The Modi-government came up with a new Litigation Policy soon after the elections in 2024 itself but it now sees it as a governance issue. The ceiling would significantly reduce the burden on courts as government is a party in nearly 50 per cent of cases before courts.

The action plan that emerged from the meeting has been circulated among the Secretaries by the Cabinet Secretary.

All ministries and departments have been advised to analyse judgments by courts to get insight into ways for reducing litigation and file cases only after taking a considered decision based on analysis and research of similar cases in the past.

Further, the government stressed on following the policy of drafting laws in a simple language which is easy to understand for the convenience of citizens. The government was in favour of using AI tools for the purpose of legislative drafting.

The ministries / departments have been asked to consider the option of engaging law students for assisting them in various aspects of litigation, research and drafting of petitions and response.

The litigation by various ministries and departments has been a cause of major concern for the government as this reflects on governance and indirectly impacts people. The BJP election manifesto of 2024 promised a national litigation policy to limit cases by the government in its endeavour expedite justice and reduce costs. The government acted promptly after the election. Law Minister Arjun Ram Meghwal signed the new policy on June 11, 2024 as part of the government’s 100-day agenda.

As per the Government of India (Allocation of Business) Rules, 1961, the Law Ministry is mandated to conduct cases in all courts on behalf of the Central government. Soon after the new policy, the law ministry framed the “Directive for the Efficient and Effective Management of Litigation by Government of India” which is an integrated approach to reinforce the goal of good governance and public welfare with timely dispensation of justice.

The directive aimed at establishing a system to ensure effective, efficient, integrated and coordinated management of litigation involving the Ministries/ Departments of the Central Government and its attached and subordinate offices and autonomous bodies, was circulated for action in April, 2025. This followed a national conference of secretaries, senior government officials and law officers in the presence of the law minister on February 28, 2026. This formed part of the action plan to promote good governance in pursuit of the goal of Viksit Bharat by 2047.

The directive also dealt with litigation related to service matters which directly impacts efficiency and good governance. A large number of such litigation involving employees and aspirants are pending before tribunals and courts and many of them may be unnecessary and avoidable. It was acknowledged during the deliberations on February 28 that service litigation by the government required due consideration. It was noted that repetitive service litigation due to non-uniform implementation of legal position, lack of due consultation before filing counter affidavits, divergent positions taken by different ministries, lack of coordination between Departments and Panel Counsels, and a tendency to file appeals as a default reaction rather than as a considered policy decision was a major issue which required attention.

The concern over avoidable litigation by the government in service matters is reflected in observations recorded in various orders and judgments by courts and tribunals from time to time. Justice V R Krishna Iyer, a noted jurist and Supreme Court judge, was of the view that the government should be a virtuous litigant and an informed litigator. Recently, Justice Rajesh Shankar of the Jharkhand High Court quoted Justice Iyer’s 1974 judgment in Dilbagh Rai Jarry Vs. Union of India while dismissing a civil review petition by the Jharkhand government with a cost of Rs. 1,00,000.

Justice Iyer’s view echoes in several judgments by high courts and the Hon’ble Supreme Court but there has been no serious attempt to fix accountability for such litigation. The Supreme Court came across a matter in 2024 in which the Rajasthan government had been pursuing a frivolous case against a labourer. “It is unfortunate that the State of Rajasthan has been harassing the poor litigant, a part-time labourer, who was extended benefits by the Labour Court in the year 2001, i.e. for the last 22 years he has been litigating,” the court observed, while imposing a cost of Rs.10,00,000.

The 2024 judgment is not an isolated one. The problem stands recorded in a plethora of judgments by courts at least since 1970s. The observations by courts have not helped, neither the costs have had a deterrent effect. The government departments continue to file cases which can be avoided. The problem is for real. And the government has realized that the solution has to come from within.