The Litigation Explosion And The Government As Primary Litigant In India: Background, Federal Dimensions, And The Cases For Reform
- IJLLR Journal
- 50 minutes ago
- 1 min read
Ayush Jindal, Amity Law School, Noida
ABSTRACT
India is grappling with one of the most severe judicial backlogs globally, with the government acting as the epicenter of this crisis. As of early 2025, roughly 4.4 crore cases are pending across various courts. Approximately half of these cases have the government as a litigant, whether it is the Union government, State governments, public sector undertakings, or local government bodies. This paper delves into the structural factors that have led to the ‘litigation explosion,’ the scale of government litigation, the reasons for the government's dominance as a litigant, and the unique constitutional status of the government when appearing in courts.
Furthermore, this paper analyzes the federal implications of the litigation explosion, specifically, disputes under Article 131 of the Indian Constitution between the Union government and the State governments. It also addresses the less-explored phenomenon of intra-governmental litigation, that is, litigation between various organs of the government at an extremely high cost to the public exchequer. Through a thorough review of judicial precedents, Law Commission Reports, empirical studies, and constitutional jurisprudence, this paper argues that government litigation in India represents a crisis of institutional accountability, warranting comprehensive policy reforms, judicial interventions, and administrative measures.
Keywords: Inter-governmental Litigation, Judicial Backlog, Government as Litigant, Article 131, Intra-Governmental Disputes, National Litigation Policy, Litigation explosion, Law Commission of India, Federal disputes, Institutional accountability.
