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Report No. 100

Litigation by and against the Government: Some Recommendations for Reform

Chapter 1


1.1. Scope and genesis.-

This Report deals with certain areas of the law relating to litigation by and against the Government. Without purporting to embark upon a comprehensive survey of the entire field of such law, this Report will confine itself to certain aspects of the subject which can for urgent attention. The recommendations made in this Report owe their origin, in part, to the discussions that took place within the Law Commission on a few of the topics that were included in the Questionnaire issued by the Commission some time ago, dealing with certain matters concerning the structure and functioning of the higher courts.1

Q. 19 of that Questionnaire read as under:-

"Are over-zealous departments of the Government responsible for increase in the court's calendar?"

This question has provoked some thinking relating to Government litigation there are also a few other aspects of Government litigation, deserving of serious attention.

1. Questionnaire issued by the Law Commission of India, particularly Q. No. 19.

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