In a bid to enhance the efficiency of government-related litigation processes, the Centre has introduced a draft Standard Operating Procedure (SOP) outlining guidelines for the appearance of government officials before courts.

The proposed SOP emphasizes that the physical presence of government officials should be reserved for 'exceptional cases' rather than a routine practice. The directive also emphasizes the need for advanced notice when officials are summoned, allowing sufficient time for their appearance. Additionally, the SOP recommends giving priority to virtual appearances as the first option.

The SOP's primary objective is to foster a more harmonious relationship between the Judiciary and the Government, ultimately leading to a higher level of compliance with judicial orders. By minimizing unnecessary court appearances, the SOP aims to save both time and resources for both the court and the government. The proposed SOP extends its jurisdiction to the Supreme Court, High Courts, and all court proceedings related to government matters.

Key highlights of the draft SOP include:

1. Virtual Appearances: The SOP suggests that virtual appearances should be favored whenever possible, emphasizing its potential to save time and resources for both the court and the government.

2. Limiting Judicial Scrutiny: In cases involving quasi-judicial orders, the SOP recommends that courts focus solely on assessing the legality of the order, rather than delving into further scrutiny of the facts.

3. Contempt of Court: The SOP introduces a cautious approach to contempt proceedings, suggesting that officials should only be held accountable if their actions were 'willful.' It also discourages initiating contempt proceedings for statements made by government counsels in court that contradict the government's official stance.

4. Referral of Executive Matters: Matters within the executive's domain should be referred to the government instead of summoning government officials, according to the SOP's guidelines.

5. Flexible Compliance Timeframes: The SOP underscores the importance of accommodating reasonable requests from the government for revised compliance timeframes for judicial orders.

In an effort to nurture a more respectful environment, the SOP also discourages courts from commenting on the physical appearance, dress, educational background, or social standing of government officials appearing before them. Additionally, the SOP suggests that judges should abstain from adjudicating contempt proceedings relating to their own orders.

By introducing these measures, the government aims to strike a balance between efficient court proceedings and the smooth functioning of the executive branch. This proposed SOP is poised to reshape the dynamics of government-related litigation and foster a more cooperative relationship between the Judiciary and the Government.