The decision of the Union Cabinet not to file appeal in the Vodafone case is thefirst step to do away with “tax terrorism” and is bound to send the right signal to the foreign investors. However, such course correction needs to encompass all and every aspect of Governance. Erroneous decisions, esp. those leading to litigation are meant to be corrected at the earliest opportunity. It is the starting block of good governance.
Government is the biggest litigant and it is well known that it is not a model litigant. As a retired public servant, this writer have observed that most often, the Government in indulging in and continuing litigation on misconceived notions bordering on indiscipline of the Constitution and its rigours. It has quite often been the case that the litigation continues even after the misunderstandings are unravelled. The Law Ministry and the Law Officers have never been willing to stem the rot even when the stark facts are apparent on the face of the record. The only advice they confer, and expected of them, is to continue with the litigation filing appeals, revisions, reviews and SLPs. The easiest option for the bureaucrats, when handling a frivolous and vexatious litigation is to make all attempts to prolong its shelf life with the fervent hope that the litigation would outlast his/her tenure in office. This reckless conduct has been corrupting and neutralising the judicial process and has rendered the judicial review, more or less a Sisyphean task for the common man.
Can the citizens of this country hope that the Government’s magnanimity would not be confined not just to the foreign investors, but also reach out to the common man and unshackle him of the pangs of reckless litigation?
