Case Law Details
Union of India Vs Kiran Kanojia (Delhi High Court)
Background: The case of Union of India vs. Kiran Kanojia, heard in the Delhi High Court, has far-reaching implications for government litigation in India. The case originated from a property dispute involving the Cement Corporation of India Limited, a public sector undertaking, and the Indian Railways. During the course of this legal battle, the Court expressed deep concern over the defense strategies employed by these government entities. The Court noted that unfounded arguments and false assertions were being put forth, raising serious questions about the government’s approach to litigation.
As a response to these concerns, the learned Single Judge delivered a judgment on June 24, 2021, reclassifying the petitions as public interest litigation (PILs). This decision aimed to draw attention to the troubling trend of frivolous claims and defenses by the government in legal proceedings. It also highlighted the absence of a ‘National Litigation Policy’ to address such issues effectively.
The Need for a National Litigation Policy: The overwhelming majority of cases burdening the judicial system involve the Central Government, State Governments, or public sector undertakings (PSUs). Recognizing this problem, the Ministry of Law and Justice, Government of India, initiated a national consultation in October 2009 to address judicial delays and case backlogs. This led to the formulation of the “National Litigation Policy, 2010” (referred to as the “2010 Policy”).
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