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Government must stop filing appeals by default:Law Minister

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Union Law Minister Arjun Ram Meghwal has called for a fundamental change in the way government departments handle litigation, stressing that the long-standing practice of filing appeals automatically must come to an end. Addressing the 10th All India Conference of the Central Administrative Tribunal (CAT), the minister said that unnecessary appeals not only increase the burden on courts but also waste public resources and delay justice for citizens.

According to Meghwal, the present system often leads to a situation where government departments challenge judicial or tribunal orders as a matter of routine, even when the decision is legally sound and fair. He explained that many appeals are filed only because a serving officer, at some stage, has recorded a dissenting note against a particular order.

Once such a note is placed on record, the department feels compelled to go for an appeal, fearing that otherwise it might be seen as ignoring the officer’s objection. This happens despite the fact that tribunals or courts may have already upheld the reasoning of the decision in question.

The minister highlighted that such practices reflect a lack of accountability in administrative decision-making. In many cases, appeals are pursued only to safeguard an officer’s earlier stand, even when there is no substantive ground to challenge the order. He further observed that this cycle of appeals continues until the concerned officer retires. Ironically, once the officer is no longer in service, the same department often concedes that there was no real need to contest the matter in the first place.

Meghwal stressed that this approach creates an avoidable strain on the judicial system. Courts and tribunals are forced to spend time on matters that should never have reached them, while citizens and litigants face prolonged delays in the resolution of their cases. He emphasized that government litigation should be based on careful legal reasoning and merit, rather than being treated as a reflex action.

The minister’s remarks underline the government’s broader concern about reducing unnecessary litigation. Over the years, successive governments have acknowledged that the State is the largest litigant in the country, accounting for a significant portion of pending cases. Automatic filing of appeals by government departments contributes heavily to this problem. Meghwal suggested that a cultural shift is required, where departments assess cases more responsibly, evaluate the strength of legal positions, and file appeals only when there is a genuine question of law or a substantial miscarriage of justice.

He also pointed out that curbing this practice would not only ease the caseload of courts and tribunals but would also enhance the credibility of government decision-making. By moving away from routine appeals, the administration can project itself as a responsible litigant committed to fairness, efficiency, and respect for judicial verdicts.

The minister concluded that the time has come to correct the system and ensure that decisions to appeal are taken after thoughtful examination, rather than as a matter of habit. His comments reflect an urgent call for reform in government litigation policy, aiming to strike a balance between protecting public interest and reducing the burden on the judiciary.

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