Management Framework for Responsible, Disciplined and Data-Driven Conduct of Union of India Litigation: Handbook & Operational Guideline

Management Framework for Responsible, Disciplined and Data-Driven Conduct of Union of India Litigation: Handbook & Operational Guideline by Department of Legal Affairs

सत्यमेव जयते
Government of India

Handbook & Operational Guide
For

Management Framework for Responsible, Disciplined and Data-Driven Conduct of Union of India Litigation

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सत्यमेव जयते
Government of India

Dr. Rajiv Mani
Secretary
Department of Legal Affairs

FOREWORD

I am happy to present the Handbook & Operational Guide Management-Framework for Responsible, Disciplined and Data-Driven Conduct of Union of India Litigation.

The conduct of Government litigation sits at the intersection of governance, justice delivery, and institutional accountability. With substantial cases pending across courts at different levels, litigation has ceased to be merely a legal matter; it has become an administrative concern that demands structured, systemic, and sustained attention.

The scale of Government litigation is vast and therefore necessitates a profound sense of institutional responsibility.  The “Directive on Efficient and Effective Management of Litigation by the Government of India, 2025” marks a paradigm shift – transitioning from the mere monitoring of case volumes to a structured, end-to-end management of the litigation.

This Handbook is designed to serve as a guide for this transition. It acknowledges that the escalation of litigation is often rooted in structural causes that require systematic intervention rather than standard responses. By introducing in the SOP made pursuant to the Directives, a robust Three-Tier Framework comprising the Committee of Secretaries, Secretary-level Supervision Committees, and Legal Cells, an attempt is being made to mark this area for due consideration at every echelon of the administration.

A key pillar of this reform is prevention of litigation. The objective is to curtail the filing of unnecessary appeals through early risk assessment and institutional discipline. By strengthening Alternative Dispute Resolution (ADR) mechanism and utilising the Administrative Mechanism for Resolution of Commercial Disputes (AMRCD/AMRD), the aim is to resolve intra-governmental and CPSE disputes, mainly contractual or commercial, outside the adversarial courtroom environment, thereby reducing the burden on the judiciary.

Furthermore, the integration of LIMBS (Legal Information Management & Briefing System) as a decision-support platform will ensure that our litigation strategy is data-driven, transparent, and proactive. The Model Standard Operating Procedure (SOP) annexed to the Handbook may serve as a guide from the initial stage of case scrutiny to the complexities of Special Leave Petition (SLP), and every step outlined therein may support and strengthen the better conduct of litigation by the respective Ministries/Departments.

The Ld. Law Officers, Panel Counsel, and Nodal Officers of various Ministries/Departments need to co-work closely as Institutional Partners for better conduct and outcome of litigation, involving the Government.

The Constitution is based on the principles ensuring “Justice, Liberty, Equality, and Fraternity” to the citizens. I hope that this Handbook will assist the Departments/Ministries to conduct their litigation in an effective and efficient manner, which has an impact on Governance and to contribute in achieving the goal of “Viksit Bharat@2047”.

Sd/-
(Dr. Rajiv Mani)

TABLE OF CONTENTS

INTRODUCTION

This Handbook is a supplement to the Directive on Efficient and Effective Management of Litigation by the Government of India, 2025 (Directives). It serves as a guide for Ministries and Departments in implementing a framework for conduct of litigation.

The Handbook is for the use of officers and officials of the Government of India, including the nodal officers, legal cells, administrative divisions responsible for litigation management, and Learned Law Officers and Counsel, representing the Union of India. It provides a common reference framework for understanding institutional responsibilities, decision-making disciplines, and expectations of the Union as a party in any litigation.

The Handbook has been supplemented with the Directives, the Model Standard Operating Procedure, and other related documents. It does not dilute any statutory provisions, judicial directions, or binding executive instructions; rather, it supports their coherent, consistent, and disciplined application.

Litigation Management in the Context of Viksit Bharat

Litigation involving the Union of India (UOI) is not confined to defending of cases before the Courts and Tribunals wherein UOI is a party. Such proceedings often serve as a reflection on administrative decision-making, fiscal responsibility, institutional credibility, and adherence to the rule of law. When litigation is managed in a fragmented or reactive manner, it leads to repetitive disputes, avoidable appeals, increased financial exposure, and erosion of institutional consistency. Conversely, disciplined litigation management strengthens policy certainty, enhances administrative coherence, and supports effective implementation of governmental programs.

Litigation management is an integral component of effective governance. It seeks to shift the system from case-specific reaction to structured institutional supervision, from routine escalation to reasoned evaluation, and from fragmented handling to coordinated strategy aligned with the goals of Viksit Bharat.

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