Bhubaneswar: The National Conference of Union Secretaries and Ld. Law Officers on “Efficient and Effective Management of Government Litigation” was held recently at Bharat Mandapam, New Delhi, bringing together Secretaries, senior Government officials, Ld. Law Officers, and representatives from various departments to deliberate on strengthening litigation practices and enhancing institutional efficiency.
The event witnessed the gracious presence of Arjun Ram Meghwal, Union Minister of State (I/C), Ministry of Law and Justice; T.V. Somanathan, Cabinet Secretary; R. Venkataramani, Attorney General for India; Tushar Mehta, Ld. Solicitor General of India, Niraj Verma, Secretary, Department of Justice; and Rajiv Mani, Secretary, Department of Legal Affairs.
The Conference deliberated on litigation scenario across four major themes: service, pension and employment matters; infrastructure, compensation and contractual disputes; fiscal, taxation and revenue cases; and regulatory, enforcement and compliance-driven litigation.
Participants noted key challenges such as 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.
In infrastructure and compensation matters, concerns were raised about escalating land compensation litigation and mounting interest liabilities, routine challenges to arbitral awards, technical complexity in infrastructure contracts leading to inadequate legal vetting, fragmented coordination between technical divisions and legal teams, and under‑utilisation of ADR and pre‑litigation mediation.
A central emphasis of the deliberations was on reducing avoidable litigation and delays in litigation filing through robust filtering, better coordination and early dispute resolution. The Conference recommended clear appeal‑filtering criteria in service and other matters, nomination of a designated officer in each department for coordinated handling of litigation, and mechanisms for time‑bound implementation of court judgments so that repetitive and contempt litigation is minimised.
Close and structured coordination with the Department of Legal Affairs and Ld. Law Officers was emphasised for important and policy‑sensitive cases so that a consistent legal position is taken across ministries. For infrastructure, compensation and contractual litigation, the Conference endorsed institutionalising structured pre‑litigation ADR, especially for land and infrastructure disputes, and structured settlements in compensation matters to avoid protracted court battles. Also, financial exposure thresholds be explored and examined before challenging arbitral awards, with consultations through committees, so that challenges are filed only in cases with substantial legal or financial implications. Early and mandatory legal vetting of termination, debarment and other high‑value contract decisions, as well as stronger in‑house mechanisms for quick and fair dispute resolution, were identified as critical steps to reduce fresh litigation.
The deliberations on fiscal, taxation, revenue, and regulatory/enforcement litigation highlighted the need to streamline enforcement strategies and compliance mechanisms so that disputes are resolved at earlier stages and unnecessary matters are not carried to higher forums. Overall, the Conference reaffirmed the Government of India’s commitment to responsible and disciplined litigation, with a focus on reducing avoidable cases, ensuring timely filing and implementation, and strengthening alternative dispute resolution to enhance ease of doing business and citizen trust in government processes for achieving the goals of Viksit Bharat@2047.
