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Report No. 100

1.2. Departments' approach.-

A pretty large bulk of litigation in the courts, including, in particular, writ petitions before the Supreme Court and the High Courts, consists of cases to which the Government is a party. The hardship that is caused to parties in such litigation, and also the delay experienced in its disposal, are largely due to some defects in the law and in the administrative apparatus. This was the impression which the Commission has formed.1 Some of the replies received on the questionnaire issued by the Commission (referred to above) also confirm this impression.2

It would seem that over-zealous Government Departments, or officers who are not properly oriented or guided, often miss the point of the matter, thereby unknowingly contributing to a sizeable mass of litigation against the Government which could have been avoided.3 It is to remedy this situation that the Commission has considered it proper to deal with certain specific aspects of such litigation which (as stated above) seem to need urgent attention.

1. See also the observation in D.R. Jerry v. Union of India, AIR 1974 SC 130 (135, 136), para. 25.

2. E.g. Law Commission, Collection of Comments, p. 19/4 (requiring notice of intention to sue Government).

3. See cases cited in Chapter 2, infra, paras. 2.5 to 2.13.



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