 bill no 91 of  2017 the vexatious litigation (prevention) bill, 2017 by dr ramesh pokhriyal 'nishank',  mp a billto prevent the institution or continuance of vexatious proceedings, in civil and criminal matters in the high courts and courts subordinate thereto and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— 1 (1) this act may be called the vexatious litigation (prevention) act, 2017(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 (1) an application for declaring a person as a vexatious litigants, may be filed in the appropriate high court—declaration of a person as a vexatious litigant(a) by the advocate general or in absence of advocate general, by a senior advocate nominated by the high court in this behalf; or10(b) by the registrar general of the high court; or (c) with the leave of the high court, by a person against whom the proceedings,civil or criminal, have been instituted or are being continued5(2) if, on application being filed under sub-section (1), the high court is satisfied that any person has habitually and without any reasonable ground instituted vexatious proceedings, civil or criminal, in any court, whether against the same person or against different persons, the high court may, after giving the person who has instituted such proceedings, an opportunity of being heard, declare that person as a vexatious litigant and shall also order as provided under sub-section (1) of section 4:10provided that if an application is filed by any person referred to in clause (b) or(c) of sub-section (1), the advocate general or, in the absence of advocate general, such senior advocate, as may be nominated by the high court in this behalf, shall also be heard 3 (1) subject to the provisions of sub-section (2) when the high court under subsection (2) of section 3 or under sub-section (2) of section 6 declares a person as a vexatious litigant, it shall also order that—15(a) no vexatious proceeding, civil or criminal, shall be instituted by the said person in the high court or in any other court subordinate to that high court; and leave of court necessary for vexatious litigant to institute or continue any civil or criminal proceedings(b) no vexatious proceeding, civil or criminal, already instituted by the said person in the high court or in any other court subordinate to that high court, shall continue without obtaining the leave of the appropriate court or appropriate judge20(2) it shall not be necessary for the person declared as a vexatious litigant to obtain leave in the following cases—(a) where such person has instituted a proceeding in the appropriate court before the appropriate judge for the purpose of obtaining leave; or(b) where, in any matter instituted against him, such person proposes to file or take appropriate proceedings to defend himself; or25(c) where, in a proceeding instituted or continued by such person after obtaining leave from the appropriate court or the judge, the said person proposes to file or take appropriate further proceedings30(3) the leave under sub-section (1) shall not be granted unless the appropriate court or the appropriate judge, as the case may be, is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie reasonable ground for granting leave to institute or continue proceedings by the person declared as a vexatious litigantpublication and communication of order354 (1) every order made under sub-section (2) of section 3, declaring any person as avexatious litigant, shall be published in the official gazette and may also be published in such other manner as the high court may direct(2) every order referred to in sub-section (1) shall also be communicated to all the courts subordinate to the high court which passed such order405 (1) where any proceedings, civil or criminal, is instituted or continued in any court by a person against whom an order under sub-section (1) of section 3 has been made without obtaining the leave required to be obtained from the appropriate court or appropriate judge, such proceedings shall be dismissed by the said court(2) the court while dismissing the proceedings under sub-section (1) shall, in addition, further direct such vexatious litigant to pay costs45(3) every person referred to in sub-section (1) who has instituted or continued any proceedings without leave as aforesaid, may also be liable for punishment for contempt of the high court which had passed the order under sub-section (1) of section 3proceedings, civil or criminal, instituted or continued without leave of the appropriate court to be dismissed and other consequencesdeclaration and order by more than one high court6 (1) where any person against whom an order under sub-section (1) of section 3has been made by a high court, institutes or continues any proceedings, civil or criminal, in another high court or in a court subordinate to such high court, then the person referred to in sub-section (1) of section 2 may make an application to such high court for declaring such person as a vexatious litigant5(2) if, on an application filed under sub-section (1), the high court is satisfied that any person has been declared as a vexatious litigant under sub-section (2) of section 2, by another high court, the high court may, after giving an opportunity of being heard to the person who has instituted or continued any proceeding, civil or criminal, declare that person as a vexatious litigant and shall also order as provided under sub-section (1) of section 310(3) where an application under sub-section (1) is filed, the provisions of sub-sections(2) and (3) of section 2, and sections 3, 4 and 5 shall apply in relation to such application7 (1) every high court may make rules for implementing the provisions of this act (2) all rules made under this section shall be published in the official gazettepower of high court to make rules15saving8 the provisions of this act shall be in addition to and not in derogation of the provisions of any other law providing for striking out vexatious pleadings or prevention of abuse of process of law, or which require consent, sanction or approval in any form of any other authority for the institution or continuance of any civil or criminal proceeding statement of objects and reasonsfrivolous and vexatious litigations are the cause of concern for the courts for quite some time often, this matter has been highlighted by various courts and the law commission has also favoured for a check on the filing of frivolous and vexatious proceedings at times, it has been seen that many persons abuse the process of law and indulge in the habitual and intentional filing of frivolous and vexatious civil or criminal proceedings to harass other persons without any reasonable ground it has also been observed by the courts that some persons habitually and persistently file cases on the issues, which have already been decided once or more than once against some parties or their successors or against different parties besides the harassment, filing of such proceedings also leads to wastage of the precious time of the law courts which are already burdened such frivolous litigation cause unnecessary and avoidable strain on the states' resources in the area of dispensation of justicethere is no denying of the fact that every person has the right to file civil or criminal proceedings against any other person, but a check is necessary to allow the court to examine the bona fide of a person filing the proceeding many countries in the world, like the usa, the uk have enacted a law on the filing of frivolous and vexatious litigation in our country also, there is a law on the subject in two states, ie, tamil nadu and maharashtrain view of the concern expressed by the courts, it is necessary that a central law be enacted to prevent the filing of frivolous and vexatious complaints by declaring such a person as vexatious litigant, who may thereafter be barred from filing or continuing any such complaint without the permission of the high court or the appropriate court it is also felt that if a person is declared as vexatious litigant, provision should also be made to punish him for the contempt of the court besides directing him to pay the costhence this billnew delhi;ramesh pokhriyal 'nishank'march 31, 2017 memorandum  regarding  delegated  legislationclause 7 of the bill empowers the concerned high court to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto prevent the institution or continuance of vexatious proceedings, in civil and criminal matters in the high courts and courts subordinate thereto and for matters connected therewith or incidental thereto————(dr ramesh pokhriyal 'nishank',  mp)