{"id":221502,"date":"2023-01-07T20:05:25","date_gmt":"2023-01-07T14:35:25","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=221502"},"modified":"2023-01-07T20:05:25","modified_gmt":"2023-01-07T14:35:25","slug":"the-judicial-pendency-question-how-to-lighten-the-courts-load","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/the-judicial-pendency-question-how-to-lighten-the-courts-load\/","title":{"rendered":"The judicial pendency question: How to lighten the court\u2019s load"},"content":{"rendered":"\n

Source<\/strong>: The post is based on an article\u00a0\u201cThe judicial pendency question: How to lighten the court\u2019s load\u201d published in <\/strong>The Indian Express<\/strong>\u00a0on\u00a07th<\/sup> January 2023<\/strong>.<\/p>\n

Syllabus: GS 2 \u2013 Governance<\/strong><\/p>\n

Relevance: <\/strong>high number of pending cases in the court<\/p>\n

News: <\/strong>Indian courts have a high number of pending cases and out of these cases the government is the largest litigant in the court system.<\/p>\n

What are the findings of the various reports?<\/strong><\/h5>\n

Department of Justice:<\/strong> It released an Action Plan<\/strong> to reduce Government Litigation in 2017. This action plan was in response to the fact that 46 percent of<\/strong> the total pending cases in the court system is related to the government.<\/p>\n

Legal Information Management Briefing System (LIMBS) Project:<\/strong> It was started in 2015 to connect 55 ministries and their departments for litigation management. It shows that there are 6,20,000 cases involving the government pending before the court system.<\/p>\n

Law Commission of India:<\/strong> The 230th report of Law Commission<\/strong> noted that the government is the biggest litigant in the system.<\/p>\n

National Litigation Policy, 2010:<\/strong> The status note on NLP 2010<\/strong>, was prepared based on the recognition that the government and its various agencies are the predominant litigants in the courts and tribunals in the country.<\/p>\n

NLP aimed<\/strong> to transform the government into an efficient and responsible litigant. However, in response to a PIL inquiring about the NLP 2015, the government replied to the Delhi High Court that it was still under consideration.<\/p>\n

Moreover, not all its litigation is initiated by the government but the government acts as the catalyst in inter-departmental litigation. Citizens also file writ petitions that involve the government.<\/p>\n

Therefore, the government can control some of the litigation it is involved in, but not those that involve the government acting as the catalyst.<\/p>\n

How can the government control the litigations?<\/strong><\/h5>\n

The government\u2019s 2010 National Litigation Policy (NLP<\/strong>) recognizes that service matters should not be normally appealed. Cases that involve questions of constitutional interpretation should only be taken to the Supreme Court.<\/p>\n

The government should implement reforms suggested by its policymakers because the costs involved in pursuing litigation eat public funds<\/strong>.<\/p>\n

Hence, the court system should be used more efficiently and cautiously and more judges should be appointed for speedy hearing of the cases.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on an article\u00a0\u201cThe judicial pendency question: How to lighten the court\u2019s load\u201d published in The Indian Express\u00a0on\u00a07th January 2023. Syllabus: GS 2 \u2013 Governance Relevance: high number of pending cases in the court News: Indian courts have a high number of pending cases and out of these cases the government… Continue reading The judicial pendency question: How to lighten the court\u2019s load<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-221502","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":7,"cached_at":"","cached_date":1698476751},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/221502","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=221502"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/221502\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=221502"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=221502"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=221502"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}