Deeply Unsettling To See Govt Embroiled In Frivolous Litigation: Delhi High Court Calls For Mechanism To Hold Erring Officers Accountable
Live LawThe Delhi High Court has said that there is an urgent need for a system that prevents unnecessary and frivolous litigation concerning government departments or bodies which should focus on conducting audit of decision-making process to contest cases. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the policy or guidelines should articulate the parameters for initiating or contesting legal actions on behalf of the government which should not only aim to prevent frivolous litigation but also set forth mechanisms to hold officers accountable for their decision. The single judge had reclassified the petitions as PILs and referred them to the bench for a focused examination of issues concerning Government’s accountability and the lack of a “National Litigation Policy.” The National Litigation Policy, 2010, was formulated by the Union Ministry of Law and Justice to tackle the issue of frivolous litigation involving Central and State Governments or PSUs. An effective litigation policy or guideline is not merely an administrative tool; it is a powerful statement of intent, reflecting the government’s unwavering commitment to the rule of law, equity, and justice,” the court said.
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