The Central government's Ministry of Law and Justice has issued guidelines for fair and transparent allocation of cases amongst its empaneled counsel (panel counsel) who conduct Central government's cases before High Courts, subordinate courts and tribunals.
Cases are allocated to panel counsel by certain law officers or lawyers from amongst the panel counsel itself who have been designated as 'Litigation In-charge' for the concerned court.
According to a circular released by the Law Ministry's Department of Legal Affairs on October 16, these guidelines were issued after the Department received complaints regarding unfair and opaque allocation of cases by 'Litigation In-charge'.
As per the circular, the government has been receiving such complains from its panel counsel and the Central government's ministries/ departments as well.
"Such practices are not only detrimental to other panel counsel, but, also jeopardizes the interests of Union of India. Moreover, allocating ordinary/ routine matters to senior category of counsels causes unnecessary burden," the circular said.
In view of this, the Law Ministry chose to issue the following guidelines to all its designated Litigation In-charges which are to be followed with immediate effect.
Ordinary or routine cases can be assigned to Panel Counsel (excluding Additional Solicitor General of India (Addl. SGI), Deputy Solicitor General of India (Dy. SGI) or a Senior Panel Counsel) on a turn basis. However, if a Ministry/Department specifically recommends a particular panel counsel, this recommendation must be made in writing with proper justification.
Important, sensitive, or high-stake matters, particularly those involving challenges to the constitutional vires (powers) of a provision, may be assigned to Addl. SGI, Dy. SGI, or Senior Panel Counsel. Such assignments can also be made based on a specific written request from the concerned Ministry/Department.
For two or more cases that involve substantially identical questions of law or facts, where differences only lie in the names, addresses, or amount of money involved, these should be assigned to the same Panel Counsel regardless of whether the cases are heard together or separately.
A Panel Counsel, other than the Additional Solicitor General of India (Addl. SGI), Deputy Solicitor General of India (Dy. SGI), or Senior Panel Counsel, should not be handling more than 10% of the total cases pending for the Central Government before the High Court, Tribunal, or District & Subordinate Courts at any given time.
It is mandatory for all Panel Counsels to activate their LIMBS (Legal Information Management & Briefing System) ID and regularly update the status of the cases assigned to them on the portal. Concerned Departments are to monitor their cases through the portal.
A monthly report on the allocation of cases to Panel Counsel should be sent via email to this Department on a regular basis.
[Read Circular]