National Litigation Policy Of India

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    B Singh
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    In the past the Law Minister has released the national litigation policy of India. It aims at reducing not only the litigation in India but also the time taken to finish litigation in India. The policy has been formulated under the National Legal Mission. It has many great proposals that would go a long way in reducing the litigation debacle in India.

    It has streamline the government representations in the litigation, suggested curbing unnecessary adjournments by lawyers, limiting unnecessary appeals, discouraging delayed replies, embarking upon requirements of specialised litigation, etc.

    Although the entire policy is a good one there are two aspects that are worth special mention. The first one is the requirement to review pending cases and screen frivolous and vexatious matters from the meritorious ones. The second pertains to active and frequent use of alternative dispute resolution (ADR) mechanism like arbitration, mediation, etc instead of traditional litigation.

    The policy also says that the Government advocates must be well equipped and provided with adequate infrastructure. Efforts will be made to provide the agencies which conduct Government litigation with modern technology such as computers, internet links, etc. Common research facilities must be made available for Government lawyers as well as equipment for producing compilations of cases.

    Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) believe that overall the policy is a great blueprint to bring legal reforms in India. The only drawback seems to be that Law Minister has not given enough attention to information and communication technology (ICT) related issues of litigation. For instance, brief mention of online dispute resolution (ODR) and e-courts could have made the policy perfect. Nevertheless, the policy is a good step in the right direction.

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