Topic – Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
2) Government litigation places a huge burden on the citizens of India and there is a need for India to take inspiration from other model litigant countries in this respect.(250 words)
Structure of the answer
Introduction– write a few introductory lines about the volume of government litigation out of all the litigation cases in the country’s courts. E.g According to the Ministry of Law and Justice, government departments are a party to around “46 percent” of court cases.
- Discuss how such a large volume of litigations places a burden on the citizens of India. E.g mention that it costs huge public funds to pursue such huge number of litigations; the number and nature of writ petitions filed before a High Court are indicative of the extent of friction between citizens and the government; it gives an idea about the violation of individuals’ rights, breach of contracts and abdication of obligations on part of the state etc.
- Discuss about the litigation models from other countries, which should be adopted in India. E.g discuss the French litigation model; mention that Brown & Garner have cleared the position of law in the French system in respect of government liability in the following words: “The activity of the state is carried on in the interest of the entire community; the burden that it entails should not weigh more heavily on some than on others. If then state action results in individual damage to particular citizens, the state should make redress, whether or not there be a fault committed by the public officers concerned. The state is, in some ways, an insurer of what is often called social risk etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.