Why So Many AAGs & Chief Standing Counsels Appointed To Defend State?: Allahabad HC Directs Placing Of Matter Before UP Cabinet

In a significant order, the Allahabad High Court has asked the UP Govt as to what is the requirement to appoint so many Additional Advocate Generals and Chief Standing Counsels at Allahabad High Court (both Benches) to defend the State when already more than 400 State lawyers are impaneled by it.

The Bench of Justice Rohit Ranjan Agarwal also took expectation to the practice of outsourcing the lawyers on behalf of the State and its various authorities and corporations wherein a big amount of taxpayers' money is being used.

Essentially, the Court was dealing with a contempt petition in a land acquisition matter. When the court reserved its Judgment, the Additional Advocate General M. C. Chaturvedi made a request that his appearance be recorded not only for the State of U.P. but also for the Ghaziabad Development Authority.

Expressing its displeasure over his request, the Court pointed toward a routine feature in its order that it has come across cases wherein the Additional Advocate General and the Chief Standing Counsel appointed by the State Government also hold briefs of various development authorities and the corporations.

Against this backdrop, noting that the Additional Advocate Generals and Chief Standing Counsel take more interest in appearing in the matters of development authorities and corporations, the Court observed thus:

"There are huge number of cases where the assistance from the State side is needed but the assistance is not available to the Court. If the Additional Advocate Generals and Chief Standing Counsel have sufficient time to represent the development authorities and corporations, then there is no need for the State to have such large panels of lawyers and incur huge financial liability. After all it is the tax payers money which is being used in the payment of State counsel. This Court also wants to bring to the notice of the Government that there is lot of outsourcing of the lawyers on behalf of State and its various authorities and corporations and a big amount of tax payers money is being used."

The court further added that in case, any such bills have been raised by any Additional Advocate General or Chief Standing Counsel from the State and development authority or corporation of the State in one case, the said amount should be recovered from him as it is taxpayers money which cannot be misused.

Importantly, the Court also observed that it is expected from the State to have a balanced and competent panel of lawyers without any need for assistance from outsiders.

In this regard, the Court stressed that the appearance of lawyers not from the panel of the State shows that the lawyers impaneled with the State don't have much competence to defend the State and its authorities and corporations.

Further, the Court directed the Chief Secretary, Government of U.P. to apprise the working of the State Law Department in Allahabad High Court and place the matter/order before the Cabinet for taking appropriate action and make a draft plan as to how the working is to be improved regarding the State counsel in the Allahabad High Court as well as its Lucknow Bench.

"Thereafter, the Cabinet may take decision, as required, in the best interest of the State. The Chief Secretary, Government of U.P. shall intimate the progress made in the aforesaid matter to the Registrar General of this Court within two months," the Court remarked as it parted with the order.

Case title - Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others

Case citation - 2022 LiveLaw (AB) 271

Click Here To Read/Download Order