Ensure Transparency & Objectivity In System To Select & Appoint State Law Officers: Allahabad High Court Seeks UP Govt's Affidavit

Hearing a Public Interest Litigation (PIL) Plea challenging the recent appointments of state law officers alleging that the process was not transparent, the Allahabad High Court has stressed the need to reform the system of selection and appointment of the State Law Officers and has remarked the entire process should be more transparent and objective.

Referring to the Apex Court's ruling in the case of State of Punjab vs. Brijeshwar Singh Chahal, the bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh further observed that the State UP had not taken any step to evolve a policy to make the system of selection and appointment of the State Law Officers more transparent, fair and objective.

Our readers may note that in the Brijeshwar Singh Chahal case, the Apex Court had laid down the guidelines on the selection of government lawyers. In this case, the Top court had elaborated upon the process of the assessment and selection of the candidate by the credible process.

The Apex Court had further asked all the states to reform their system of selection and appointment to make the same more transparent, fair, and objective.

"The directions by Hon'ble Supreme Court for reforming the system of selection and appointment of Government Advocates with a view to make the same more transparent, fair and objective, was issued way back on 30.03.2016 in the case of Brijeshwar Singh Chahal (supra). More than six and half years have elapsed since then, however, no concrete steps appear to be in sight which the State Government might have taken to reform the system of selection and appointment of the State Law Officers," the Court lamented.

Against this backdrop, the High Court has now called upon the State Government to file a counter affidavit/affidavit (by Principal Secretary, Law/ Legal Remembrancer) within 6 weeks stating therein as to what steps are being taken/proposed to be taken for ensuring that observations and directions of Hon'ble Supreme Court in the case of Brijeshwar Singh Chahal (supra) are implemented in their true spirit.

"The affidavit to be submitted under this order shall give a complete scheme of selection and appointment of Government Advocates which shall ensure the process to be more transparent, fair and objective," the Court further directed.

Further, posting the matter for further hearing on October 17, 2022, the Court reminded the state government that transparency, fairness, and objectivity are the hallmarks of the present-day administration and our Society has to take strides to ensure that administration is more transparent and that it functions more objectively.

Accordingly, the Court also directed that the affidavit to be filed under this order shall touch upon all the aspects of the selection and appointment of the Government Advocates which may include assessment of need, eligibility, equal opportunity, the process of selection, and all other related and auxiliary aspects. 

The background of the PIL

This order has been made in a PIL plea moved by Advocates Rama Shankar Tiwari, Shashank Kumar Shukla, and ​​Arvind Kumar through Advocates Alok Kirti Mishra and D.K. Tripathi, alleging that out of 220 recently appointed officers, many are relatives of dominant politicians in the State and some are relatives of the Judicial officers and few are juniors or followers of Additional Advocate Generals in High Court.

It was also alleged by them that the appointments were based on the recommendations of Rashtriya Swayamsevak Sangh (RSS).

The PIL plea has contended that though the UP Govt had given an assurance to the Allahabad High Court that it shall follow the guidelines that have been laid down in the State of Punjab vs. Brijeshwar Singh Chahal and streamline the working of the State Counsel at different levels, however, the state had failed to do so.

Finding justification in the PIL plea, the Court observed that it shares the concern of the petitioners that 

"While filing the affidavit, the endeavor of the State Government, in our opinion, should be to ensure that the process to be evolved henceforth does not lack transparency and objectivity," the Court further remarked.

Case title - Rama Shankar Tiwari Alias Rama Shankar And Others v. State Of U.P. Thru. Prin. Secy. Law Justice Civil Secret. Lucknow And Others PUBLIC INTEREST LITIGATION (PIL) No. - 527 of 2022]

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