'Default Appeals' and the Litigation Overload: A Clear Policy Path Ahead

The tendency for central ministries and departments to file appeals against court orders has been highlighted as a major challenge facing government litigation. Prompted by a 'default reaction' rather than a strategic policy decision, this approach contributes significantly to the overwhelming number of legal cases involving the government.

During a recent conference aimed at enhancing the management of government litigation, over two dozen Union secretaries and leading law officers proposed several measures. These include establishing filtering criteria for appeals, appointing designated officers for litigation coordination, and ensuring timely implementation of court judgments.

The discussions emphasized addressing repetitive litigation, non-uniform legal implementations, and lack of coordination across departments. The importance of alternate dispute resolutions and reducing delays was also underscored, as nearly seven lakh cases include the government as a party.