(Public Administration Paper II / Chapter: Civil
(Current Based) Question:
What do you mean by government litigation and its possible solutions? (20
According to the Ministry of Law and Justice, government departments are a
party to around “46 percent” of court cases. A misconception regarding
government litigation is that the government itself is a source of all cases
involving the government. The analysis of petitions filed against the state at
various levels of governance shows that a multi-pronged approach needs to be
adopted to tackle the issue of “government litigation”.
Possible Solutions :
(a) Writ petitions filed under service and labour classifications : The state
must put in place robust internal dispute resolution mechanisms within each
department which inspire confidence in its workers as a means of addressing
their grievances against the management.
(b) Land acquisition matters : Mostly filed to challenge orders passed by
quasi-judicial authorities on grounds of a violation of principles of natural
justice. To reduce the incidence of such writ petitions, the state must either
ensure that quasi-judicial authorities are judicially trained or create a
separate class of judicial officers to discharge quasi-judicial functions.
(c) The policies aimed at addressing the supply-side issues of government
litigations are found to be lacking in data, research and analysis.
(d) Needed an implementable action plan to ensure that citizens are not
forced to file cases against the government and its agencies in the first place.
This require a relook at the functioning of litigation-prone departments and
formulating solutions unique to each department. (Total Words- 231)
Valuable inputs from The Hindu Opinion: ‘Tackling Government Litigation’ by
(Linkages: Government Litigation and Multi-Ponged Approach, Government
Litigation and Internal Dispute Resolution Mechanism, Government Litigation and
Quasi- Judicial Officers)