Will not move SC in cases where implication is below Rs 50L: Govt
Seeking to reduce the number of cases in which it is a party, the government may not approach the Supreme Court against high court orders where the financial implication is less than Rs 50 lakh.
The government is “actively considering” to increase by five times the financial threshold of cases to Rs 50 lakh in which it will move the Supreme Court against verdicts of high courts.
As of now, the threshold is Rs 10 lakh.
For example, currently the government departments approach the apex court in case they have to forego an amount of Rs 10 lakh or more following a high court decision in individual cases.
If the proposal is implemented, central departments and ministries will approach the top court only if the financial implication is Rs 50 lakh and above, a senior government functionary told PTI.
But if a high court decision overturns a policy, the SC should be approached even if the financial implication is negligible, he pointed out.
Most of the cases involve the Income Tax Department, the Department of Posts, the Defence Ministry and the Railways.
According to a government data, as on June 12, 2017, a total of 1,35,060 government cases and 369 contempt cases were pending in courts.
Government litigation includes service matters and conflict with private entities as well as disputes between government departments and between PSUs.
Contempt cases are generally a result of non-adherence to judicial directions and failure to file affidavits on time and appear before courts.