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Ministries may have to start explaining if new law will lead to court cases

The functionary said proposed bills should also focus on alternative dispute resolution to ensure that disputes arising out of laws are settled out-of-court

Press Trust of India  |  New Delhi 

Representative image (Photo: Shutterstock)
Representative image (Photo: Shutterstock)

In future, if a central ministry plans to bring in a new law, it may have to declare whether its enactment will lead to a spurt in cases.

The ministries will also have to ensure that the new or an amendment to an existing Act does not lead to a increase in litigations, a senior functionary has said quoting a document.

The note has been written by Minister of State for P P Chaudhary to his senior minister and the Cabinet Secretariat.

The functionary said proposed bills should also focus on alternative dispute resolution to ensure that arising out of laws are settled out-of-

If the accepts the suggestion, then all future bills placed in would carry a 'assessment' clause and the ministry concern will have to explain whether it expects litigations once the legislation becomes a

"The focus is to ensure that laws do not attract cases," the functionary explained.

In the last week of July, the department of justice in the ministry had held a meeting on ways to reduce where is a party. Chaudhary's note is an outcome of that meeting.

According to the ministry, out of more than three crore cases pending in various courts of the country, 46 per cent involve departments or bodies.

Last October, Prime Minister Narendra Modi had termed the as the "biggest litigant", saying there was a need to lessen the load on the which spent its maximum time in tackling cases where the was a party.

Addressing the golden jubilee celebrations of the Delhi High Court, the prime minister had said the load on the could be reduced if cases were filed after taking a considered view.

He had said if a teacher approached a over a service matter and won, then the judgement should be used as a yardstick to extend the benefit to thousands of others to reduce at a later stage.

First Published: Sun, September 24 2017. 13:58 IST