India 2018

Law and Justice 385
to a full blown litigation and its outcome and subsequent implementation aspect
or otherwise. If the litigation assessment is carried out at the stage of policy
formulation it would have the following results: (i) a holistic picture will emerge
in the proposal; (ii) may prevent litigation to crop up; (iii) will bring down case
load on the judicial system and; (iv) reduce consequent burden on the public
exchequer.
National Litigation Policy
There are approximately 3.2 crores cases pending in various courts in India.
Government is said to be the major litigant and there have been several Law
Commission reports suggesting for a Litigation Policy to avoid unwarranted
litigation by government and thus bring down load on the court system as well
as burden on the public exchequer. Therefore, the draft National Litigation Policy
2017 proposes to put in place a system which prevents, controls and reduces
litigation.
Institutionalisation of Arbitration
Delay in conducting the legal procedure and want of timely disposal of
investment related cases/application lead to international arbitration involving
huge expenditure to the state exchequer. Hence, streamlining the legal and
judicial system to ensure speedy resolution of commercial disputes is the need
and a necessary requirement. Department of Legal Affairs, constituted a high
level committee to review Institutionalization of Arbitration Mechanism in India,
under the chairmanship of Hon'ble Justice Shri B. N. Srikrishna. The report of
this Committee has been submitted to the Minister for Law and Justice in July,
2017.
Reforms in Legal Profession
Legal fraternity represents the most enlightened and traditionally respected
section of the society. In a democratic polity, the role of this dignified profession
has always been very important. It is the watchdog of democracy and remains
ever vigilant in the matters concerning the rule of law as enshrined and
guaranteed by our Constitution. There has been a strong objection on the matter
of allowing legal practice in India by foreign lawyers and law firms, inter-alia,
on the ground of procedural hurdles faced by Indian Lawyers in case they want
to practice in foreign countries. Therefore, the issue is of parity in opportunity
to practice on reciprocal basis.
Appellate Tribunal for Foreign Exchange
The Appellate Tribunal for Foreign Exchange was established in 2000 under
Section 18 of Foreign Exchange Management Act (FEMA), 1999. Under Section
19 of FEMA, the central government or any person aggrieved by an order made
by Special Director (Appeals), or made by an Adjudicating Authority other
than referred to in sub-Section (i) of Section 17, may prefer an appeal to the