At least 40% of litigation by Centre, state governments frivolous, says Supreme Court

The Supreme Court on Monday verbally observed that at least 40% of litigation filed by central and state governments is frivolous.

The verbal observation was made by a bench headed by Justice BR Gavai when a counsel appeared to mention a service matter. Speaking for the bench, Justice Gavai referred to a case wherein a state government had filed an appeal against grant of ₹700 per month to a government employee. "In filing an appeal to deny Rs 700 per month to someone, the government must have spent over Rs 7 lakh from the exchequer," Justice Gavai observed.

When solicitor general Tushar Mehta, who was present in the court to argue another case, said the Centre was "now conservative", the bench remarked, "we will disagree". The solicitor general further said law officers are asked to furnish opinions on whether to file appeals in cases involving the central government.


Recently, the Chief Justice of India DY Chandrachud had also emphasised on the need for the central government to adopt mediation to resolve intra governmental legal disputes. The CJI had observed that the endeavour of the government and its agencies should be to "mediate, not to litigate".