oppn parties Government Not Serious About Court Cases

News Snippets

  • Last date for filing Income Tax returns by salaried employees extended to August 31
  • Supreme Court extends Assam NRC deadline to August 31
  • Prohibitory orders clamped in Bengaluru. Wine shops, pubs, bars and restaurants ordered closed for the next 48 hours
  • Congress still trying to avoid the floor test in Karnataka
  • 75 percent of the jobs in all private sector firms to be reserved for locals in Andhra Pradesh
  • Supreme Court will hear the petition of two independent MLAs seeking a direction to the Karnataka Speaker to hold the trust vote "forthwith"
  • Congress-JD(S) and a partisan Speaker push the Karnataka trust vote to Tuesday
  • Panel submits draft legislation to the government to criminalize mining, investing and trading of crypto-currencies
  • Government panel suggest a ban on crypto-currencies
  • Lok Sabha passes RTI Act amendment bill amid protests by the Opposition
  • Jasprit Bumrah rested for ODIs and T20s
  • Dinesh Kartik ignored across fromats
  • Rohit Sharma included in Test team too while Wriddhiman Saha makes a comeback after injury
  • Virat Kohli retained as captain across formats for the West Indies tour
  • MS Dhoni decides to take a two-month break, will skip West Indies tour but will not retire
Congress-JD(S) government loses trust vote in Karnataka. BJP might stake claim to form the government
oppn parties
Government Not Serious About Court Cases

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
The Supreme Court rightly castigated the government for its non-seriousness in pursuing legal cases in courts. Despite having a huge legal machinery at its disposal, the government lets cases linger. This happens only because those responsible for briefing the lawyers are either not inclined to find time for such mundane things or have been compromised by the opposing parties. If one examines the data, one will find that this is one of the major causes of the clogging of the judicial system in India.

The court also took umbrage at junior officials of ministries filing affidavits in crucial matters. The court pointedly asked the additional solicitor general “what is the status of the Supreme Court in the eyes of the bureaucracy? In your opinion, who should be the officer in all-India services filing reply affidavits?” When the government did not respond in the given time of an hour, the court proceeded to pass the caveat that from now on, all reply affidavits filed in the Supreme Court must be approved by the department and signed by the joint secretary of the concerned department. This places accountability on the head of the department which was missing.

The court’s strict stand is welcome. The government has been very casual in its approach towards court cases. There seems to be no system in place in various departments as to who is going to handle court cases, how and in what time frame. There is no transparency in such matters. It seems that senior officers generally delegate such work to their juniors with instructions to play for time. This prolongs matters and is not advisable.

The government should look into the matter and take a clear policy stand on this. Heads of departments must be made accountable. They must be given time frames within which briefs should be given to lawyers. They must ensure that lawyers go to court well prepared on the dates of hearing. In short, all efforts must be undertaken to ensure that cases do not linger due to the fault of the government.

Governance does not only mean implementing policies. It also means settling disputes that may arise on account of grievances against such policies. After all, although the legislature makes the laws, it is the government’s responsibility to ensure that they are enforced. By not being serious in handling court cases, the government shows scant respect for due process of law and encourages disrespect for law in the bureaucracy. Strong steps must be taken to reverse this state of affairs.