Parliament Question: Cases where Government is a Litigant

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 3533 TO BE ANSWERED ON FRIDAY, THE 13TH MARCH 2026 CASES WHERE GOVERNMENT IS A LITIGANT

3533. SHRI ATUL GARG:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the total number of cases currently pending in various High Courts and the Supreme Court wherein the Government is a litigant, either as a petitioner or a respondent;

(b) the percentage of cases decided against the Government during the last ten years specially due to misinterpretation of rules, erroneous decisions or negligence by the concerned officials;

(c) whether the Government has any established mechanism or institutional arrangement to conduct in-depth studies or legal audits regarding the reasons behind such adverse judgement;

(d) if so, the details thereof; and

(e) if not, whether the Government proposes to formulate such a mechanism in the future to fix accountability and reduce avoidable litigation? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI ARJUN RAM MEGHWAL)

(a): As per data available on Legal Information Management and Briefing System(LIMBS) portal, the Union of India is a party in 2,94,798 cases pending before various High Courts and 24,794 cases pending before the Supreme Court.

(b): No such Data is maintained for such decision of the Courts.(c) to (e): The Department of Legal Affairs has issued the Directive for Efficient and Effective Management of Litigation by Government of India dated 04.04.2025. The primary aim of the Directive is to strengthen the capacities of Ministries/Departments for improving the conduct of its litigation. The emphasises is upon prior examination of litigation risks in new initiatives, periodic scrutiny of subordinate legislation to identify issues which may lead to litigation, to have Grievance Redressal Mechanism, and Capacity Building Programs for officials of Ministries/Departments. The Ministries/Departments may undertake a quarterly review to enhance the efficiency and effectiveness of such mechanisms. Further, the Directive aims to streamline and effective management of contract related issues, by promoting recourse to Alternative Dispute Resolution (ADR) mechanisms as a means for resolving disputes, wherever feasible. The Directive mentions for the creation of dedicated Legal Cell in each Ministry/Department, which should classify cases into three categories: i) highly sensitive, ii) sensitive, and iii) regular. Cases classified as highly sensitive or sensitive, or those with significant financial stakes, need to be reviewed at the level of Secretary to determine the appropriate course of action. All Ministries/Department need to ensure that the timelines

provided in the Act and in the Court orders are followed. A decision to appeal/challenge should not be based on disagreement with the judgment/order or award but on the merits of the case alone. The chances of success and the consequences of failure of an appeal/challenge must be realistically/rationally considered by the Ministries/ Departments with a view to reduce unnecessary appeals before the appellate forum.