The staggering number of contempt cases – nearly 1.5 lakh – pending against the Central Government has forced the Law Ministry to take a hard look at how litigation is managed across Union ministries. The recent directive calling for “timely and adequate” responses to court orders is not just an administrative adjustment; it is an overdue course correction that addresses deep-rooted systemic inefficiencies. A critical observation made by the Law Ministry is that litigation management in ministries is largely handled by officials with little or no legal training. Administrative or technical officers, however skilled in their primary domains, often lack a nuanced understanding of legal mandates, leading to inadvertent delays in compliance with judicial orders. Consequently, contempt proceedings are initiated, tarnishing the credibility of Government institutions and wasting valuable judicial time. The Ministry’s directive to appoint a nodal officer, preferably with an LLB qualification and seniority not below that of a Joint Secretary, is a significant move toward creating accountability. Equally important is the recommendation to establish dedicated legal posts such as Director (Legal) or Deputy Secretary (Legal) in each ministry. These structural changes can professionalise litigation handling and ensure a more responsive legal arm within the executive.
The problem, however, runs deeper than just manpower. Ministries face resource constraints, leading to inadequate monitoring and coordination mechanisms. More importantly, the story is the same with every state and UT. Lakhs of contempt cases are pending at this level also. Timely compliance with court orders is not merely a procedural necessity; it is integral to upholding the rule of law and reinforcing public trust in Government functioning. Yet, structural reform must be accompanied by a shift in administrative culture. Ministries need to treat legal compliance as a top-tier responsibility, not as an afterthought. A centralised monitoring system to track court orders and compliance deadlines can support these reforms. The Law Ministry’s push is timely and deserves urgent implementation. Fewer contempt cases would not only ease the burden on the judiciary but also project the Government as a model litigant – respectful of judicial authority and committed to lawful governance.
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