HC urges states to act responsibly, curb frivolous litigations

The Punjab and Haryana High Court has described the State as the “largest litigant” and called upon it to resist the temptation to oppose claims indiscriminately.

Referring to the need for the State to adopt a balanced and judicious approach in litigation, the Bench also asked it to ensure only legitimate claims were contested as unnecessary legal battles burdened the judicial system and drained public resources.

The observations by the Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel come at a time when the judicial system is grappling with a massive backlog of cases, often exacerbated by unnecessary litigation. The judgment is significant as it exhorts the State to prioritise the welfare of its citizens and ensuring that justice is not delayed or denied due to avoidable legal battles.

“In discharging its role as a litigant, the State as also its instrumentalities must adopt a balanced and judicious approach, resisting the temptation to oppose the claims indiscriminately. The State must exercise due diligence in distinguishing between a baseless and a legitimate claim,” the Bench asserted.

The court added the State, as a welfare entity, had a higher responsibility to act in the best interest of its citizens. The State – unlike private litigants, whose primary goal was often to secure a favorable judgment – was required to ensure that justice was served in accordance with principles of fairness and equity.

“The Constitutional framework envisions the State as a Welfare State, which is inherently obligated to act in the best interest of its citizens. In litigation involving the State and its citizens, this welfare-oriented ethos must guide the State’s conduct,” the Bench observed.

The court also expressed concern over the increasing number of frivolous and groundless disputes, which it described as a “serious menace” to the administration of justice.

“Frivolous and groundless dispute(s) constitute a serious menace to the administration of justice. They consume time and clog the overburdened infrastructure. Productive resources, which should be deployed in the handling of genuine causes, are dissipated in pursuing worthless causes,” the Bench added.

The court further added that the State, being the largest litigant, incurred significant expenditure on litigation, which ultimately affected the public exchequer. “In our jurisprudential eco-system, the State is the largest litigant today and the huge expenditure involved makes a big draft on the public exchequer,” the order further observed.

The court suggested an institutional approach to penalise frivolous litigation.

“This tendency can be curbed only if the courts across the system adopt an institutional approach which penalizes such comportment. The imposition of costs is a necessary instrument, which has to be deployed to weed out such an unscrupulous conduct,” the order added.