RULES OF CAUTION

With the National Litigation Policy Plan, the government shows its intent to shift from being the country's most prolific litigant to its most disciplined one

- KANU SARDA

In 2016, when the Aadhaar Act was passed, the government hailed it as a revolution—one identity number to unlock everything from welfare subsidies to mobile connections. But the celebration quickly gave way to courtroom drama. Petitions flooded the Supreme Court, questioning the scheme's impact on privacy and personal liberty. For two years, Aadhaar was less a policy in action than a policy on trial. Finally, in 2018, the court upheld its core but struck down several key provisions. What was meant to be a showcase of state capacity ended up as a legal marathon, leaving citizens and the government unsure of its boundaries.

Aadhaar's story is not an outlier; the farm laws of 2020 followed a similar arc. Pushed through Parliament in record speed, they aimed to overhaul India’s agricultural economy, but ended up sparking street protests and legal challenges. Questions about federal powers, farmers' rights, and market regulation remained unresolved as the government, under immense pressure, repealed the laws barely a year later. Once again, a grand legislative vision collapsed under the combined weight of political anger and constitutional vulnerability.

Such episodes expose a deep flaw—laws are often created on shaky legal ground in India. Drafted in haste and pushed through Parliament with minimal scrutiny, they unravel when challenged in court. The cost is heavy. Governments lose credibility, citizens lose clarity and courts lose years that could be spent on other pressing matters.

The numbers show just how deep the problem runs. Nearly half of all litigation in India involves the government itself. And much of this is not about sweeping constitutional questions, but about avoidable disputes—pension claims, service transfers, tax appeals and contradictory circulars issued by different ministries. The state is not just the biggest lawmaker, it is also the country's biggest litigant.