New National Litigation Policy to curb frequent adjournments; AG to head National Empowered Committee for greater accountability

The recently held meeting of the Advisory Council on National Mission for Justice Delivery and Legal Reforms, saw the circulation of a draft National Legal Policy. As per a report in the Business Standard, the practice of taking “unnecessary and frequent adjournments” will be dealt with “seriously” under the new National Legal Policy..The news report also indicates that the new Policy will seek to establish a National Empowered Committee, headed by the Attorney General, to not only monitor the Policy’s implementation but also take “suitable action” against those officials responsible for the imposition of costs. The draft Policy also envisions four “Regional Empowered Committees” headed by an Additional Solicitor General nominated by the Law Ministry..It is unclear as to when the policy shall be finalized and as and when it does, whether it will have a discernible impact on the government’s legal teams. More than three years ago, the then-Law Minister, Veerappa Moily had undertaken a similar exercise, releasing a National Litigation Policy in 2010. In fact, the provisions of the draft 2013 Policy on frequent adjournments, seem to be borrowed verbatim from the one released by Moily. Both, the draft 2013 Policy and the 2010 Policy say,.Accepting that frequent adjournments are resorted to by Government lawyers, unnecessary and frequent adjournments will be frowned upon and infractions dealt with seriously.However, both documents do not mention the specifics as to what action will be taken against such lawyers..Similarly, the 2010 Policy also sought the establishment of a National Empowered Committee as well as four Regional Empowered Committees. The relevant clauses of the 2010 Policy read,.The Nodal Officers and the Heads of Department will ensure that all relevant data is sent to the EmpoweredCommittees. The Empowered Committee at the National level shall be chaired by the Attorney General for India …. There will be four Regional Empowered Committees to be chaired by an Additional Solicitor General nominated by the Ministry of Law……The Regional Committees shall submit monthly reports to the National Empowered Committee which shall in turn submit Comprehensive Reports to the Ministry of Law..Law Minister Sibal has another year till the next Parliamentary elections, and developing and implementing an effective Policy for Government counsels is just one of several pending tasks. While the sentiment of the 2010 Policy cannot be faulted, and one may presume the same will be said about the 2013 Policy, the true test will lie in the Policy’s execution.