Government Proposes Legal Cells Across Ministries to Streamline Litigation and Cut Costs

Litigation

In a strategic move to improve litigation management and reduce legal expenditure, the Union law ministry has proposed the establishment of dedicated legal cells within all central government ministries and departments. The initiative is aimed at bringing uniformity and oversight to government litigation, cutting down costs, and promoting timely dispute resolution.

According to an official memorandum dated 4 April, titled Directive for the Efficient and Effective Management of Litigation by the Government of India, the government will set up these legal cells within a three-month timeframe. The legal cells will be responsible for monitoring all litigation involving their respective ministries and will also use a scale to rank the importance and sensitivity of each case.

To support this move, the ministry is also working on creating a centralized data portal for arbitration matters involving the government. This platform will be modeled on the National Judicial Data Grid (NJDG), which currently provides data on court case pendency and resolution across Indian courts. The proposed portal will enable better monitoring of arbitration proceedings and help streamline legal strategy.

Each ministry or department is expected to tailor its legal cell according to its litigation volume. The memorandum also mandates the appointment of a nodal officer—not below the rank of joint secretary—with legal expertise to oversee litigation matters. Additionally, the memorandum encourages the hiring of young legal professionals on a contractual basis, wherever necessary, to strengthen these legal teams.

One of the key objectives of this initiative is to minimize repetitive litigation and reduce unnecessary appeals against court rulings. It also emphasizes the importance of conducting legal reviews of upcoming policy proposals to mitigate future disputes. In doing so, the government hopes to reduce procedural lapses and legal challenges that arise from ambiguous or poorly drafted orders and notifications.

The law ministry has also expressed support for a June 2024 advisory from the finance ministry that calls for reducing dependency on arbitration due to its high costs and extended timelines. Instead, the government aims to encourage alternative dispute resolution mechanisms, such as mediation and conciliation, to expedite conflict resolution and reduce the overall litigation burden.

The memorandum highlighted that most ministries currently lack formal standard operating procedures for managing litigation. In the absence of a dedicated legal cell, ongoing cases are often handled by administrative or technical wings that may not possess the necessary legal expertise.

With the implementation of this legal reform, the government seeks to promote a more coordinated and cost-effective approach to dispute management, reduce litigation backlogs, and foster a culture of resolution over prolonged legal battles.

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Mahendra Bhavsar & Co.