
The Allahabad High Court has recommended that Parliament and state legislatures incorporate a "Litigation Impact Assessment" clause in all new bills.
The Bench observed that each new law creates, modifies, or extinguishes rights, inevitably leading to fresh litigation.
By assessing this impact beforehand, the State can make necessary financial and infrastructural arrangements to manage increased caseloads. The Court cited Section 138 of the Negotiable Instruments Act as an example where prior assessment could have better prepared the judiciary.
These observations were made during a suo motu case concerning the creation of 9,149 additional courts in Uttar Pradesh.
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