“Government is the biggest lawyer, be it at the central level or at the state level,” Supreme Court Justice BV Nagarathna. File | Photo credit: The Hindu
Supreme Court judge Justice BV Nagarathna said on Saturday (March 21, 2026) that the government was raising concerns about the backlog of cases in the courts while fulfilling this addiction through ruthless litigation.
Justice Nagarathna was addressing judges and senior advocates at the first Supreme Court Bar Association National Conference on ‘Reimagining Judicial Procedure: Strengthening Institutions for Democratic Justice’ in Bengaluru.
“This pattern creates a paradox. The government publicly expresses concern over the judicial backlog and at the same time feeds it with relentless litigation. The state becomes both the complainant and the cause,” Justice Nagarathna said.
The chief justice said the government has a dual role. It was the provider of infrastructure and judicial reforms for the courts, but also the biggest litigant. “Government is the biggest litigant, be it central or state level. The state is expected to litigate with restraint and be a model lawyer, but that is not happening. It continues to litigate till the end. The government is not just a litigant, it is also the single largest generator of litigation,” Justice Nagarathna said.
Justice Nagarathna interestingly said that the government official who settles the dispute will face audit objections. On the other hand, an official who filed an appeal or revision rarely faced criticism.
“An appeal signals diligence, while a decision not to appeal calls for a vigilant inquiry,” the judge pointed out. As a result, bureaucratic caution has added to the renunciation of cases, Justice Nagarathna said. “The result is predictable. Appeals are becoming routine rather than rare.”
Poor court capacity
Justice Nagarathna said the results of constant litigation at multiple levels of courts is not only leading to increasing dependency but even stagnation due to the inability of the judiciary to cope with the explosion of dockets. “The volume of litigation is growing with population, economic activity and regulatory expansion. But the institutional capacity of the courts is growing slowly,” the judge said.
“Judicial infrastructure rarely receives sustained political attention. Expanding courts does not bring the same immediate visibility as building highways or implementing social programs. There is little political incentive to invest in judicial infrastructure. Therefore, the percentage allocated is also very small,” she noted.
Justice Nagarathna recommended the setting up of a Judicial Reforms Commission to address the problem of chronic addiction and recommend remedial measures.
Published – 21 March 2026 22:32 IST
