Law ministry giving final shape to proposal on legal advice on complex issues

The law ministry is giving final shape to a proposal to depute its officers in various ministries to ensure that legal advice on complex issues is not delayed and courts are only approached as a last resort and cases with lean chances of winning are not pursued.

The Prime Minister's Office and the Cabinet Secretariat are keen that the proposal is finalised soon, a senior government functionary has said.

According to the proposal, the law ministry would first increase the strength of Indian Legal Service cadre so that its officers are deputed in various ministries.

It also plans to set up an integrated legal division on the lines of integrated finance division.

The officers attached to the division would report to the department of legal affairs in the law ministry and also get their salaries from it. This would ensure their independence which is necessary for them to be able to give an impartial legal advice, the functionary said.

The move will ensure that legal advice required by various ministries is not delayed as the presence of law ministry officials in ministries would cut short the red tape.

The officials would report to their unit or group heads in the law ministry who would also help them resolve complicated legal issues.

Law ministry officials are already posted in the defence and the railway ministries.

These officials would also ensure that the ministries in which they are posted approach courts only when they are satisfied that litigation is the last resort left to settle a dispute.

The cases which have lean chance of winning by the government will not be pursued further. A majority of the cases in which government is party relates to service disputes and indirect taxes.