Excessive litigation by government entities is a major contributor to India’s pendency crisis, with over three crore cases pending nationally. To tackle this challenge, digitally transforming litigation management in state governments through comprehensive case management systems can bring substantial improvements. Harnessing technology and analytics can help states overcome inefficiencies, delays, and knowledge gaps in managing legal cases. With comprehensive case management systems, India can digitally transform litigation processes to deliver speedier justice.
The introduction of Phase 3 of the eCourts Mission Mode Project in the Union Budget 2023, coupled with “a substantial financial commitment of `7,000 crore, signifies a pivotal advancement in the endeavour to mitigate the extensive backlog arising from governmental litigation in India” (Tripathi 2023). This predicament is attributable to both the union and the state governments, collectively comprising the most substantial contributors to the litigation burden. “Government litigation is responsible for introducing significant challenges to the already overburdened Indian judiciary, with governmental litigants accounting for almost 46% of the cases currently pending” (Anand 2023).
The reasons for excessive government litigation include systemic flaws, bureaucratic delays, lack of accountability, and inadequate domain expertise. For instance, government officials handling litigation often lack specialised legal knowledge, resulting in weak case preparation and unnecessary appeals. Government departments work in silos with poor coordination and information-sharing. When officials change, institutional knowledge is lost. The absence of centralised case databases leads to critical information slippages.
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