Karnataka Conduct of Government Litigation Bill tabled in Assembly

Bengaluru: The Karnataka government on Tuesday tabled the Karnataka Conduct of Government Litigation Bill, 2023 making it necessary for the law officer to furnish details of any case related to the government going to the court of law and tribunals.

The Karnataka Law and Parliamentary Affairs Minister H K Patil presented the bill in the house.

The government said the bill is aimed at ensuring efficient and responsible conduct of government litigations before the law courts and statutory tribunals in the state.

The bill once passed will make it necessary for the legal team not to institute any case in the court on behalf of the government or any of its officers against any person or authority ”without the sanction of the government granted in accordance with the provisions of this Act.” The officer should submit a report to the government ‘through proper channel’ a detailed report of the facts and circumstances of the case.

The report to the government should contain brief history; facts and circumstances; date and place of occurrence; nature of violation; default or injury; form and probable extent of damage or claim.

”Copies of the evidence upon which the claim is based and of the provisions of the law, rules, notifications, orders, circulars or records, inspection of which is considered necessary for a proper elucidation of the case,” the bill said.

Also, points of objections that are likely or open to be urged by the opponents of the case and, evidence, both oral and documentary, which may or is likely to be pressed into service against the claim, should also be furnished to the government.

If the case is related to recovery of money, ”a report of whether the institution of the case is necessary notwithstanding the fact that the possibility of recovery is doubtful, with reasons for the conclusion.”

The report should also contain the financial status and position of the assets of the persons against whom the case is proposed ”in order to know whether it is possible to obtain satisfaction of the decree that may be passed against him.”

Particulars of all the earlier litigations should also be furnished to the government, the bill said.

The proposed law also lays down procedure in urgent cases and duties and responsibilities of the law officer of the litigation conducting officer.

It lays down guidelines on how to handle litigations in the Supreme Court, handling land acquisition cases, motor accident claims, execution cases and criminal cases.