Ministry Of Law & Justice Issues Guidelines For Fair Allocation Of Cases Among Panel Counsels Of Union Govt

The Ministry of Law and Justice has issued an Office Memorandum for the fair and transparent allocation of cases to panel counsels of the Union Government.

The OM is issued in the light of complaints received against "unfair and opaque" allocation of cases by the Litigation-in-Charges of the High Courts, District Courts and Tribunals. "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 OM said.

The following guidelines have been issued :

(i) cases of ordinary/ routine nature may be assigned to Panel Counsel (except Addi. SGI / Dy. SGI / Senior Panel Counsel) on turn basis;

(ii) if the Ministry / Department recommends the name of a particular Panel Counsel in writing, it should have proper justification;

(iii) important, sensitive, and high stake matters including those involving constitutional vires of the provision being under challenge may be assigned to Addi. SGI / Dy. SGI / Senior Panel Counsel and/or on the specific request in writing of the Ministry/ Department concerned;

(iv) two or more cases in which substantially identical questions of law or facts are involved and where the main difference is in the names, addresses of the parties concerned amount of money involved etc. irrespective of the fact whether all such cases are heard together or not, may be assigned to the same Panel Counsel and not different ones;

(v) a Panel Counsel, except Addi. SGI / Dy. SGI / Sr. Panel Counsel, should at a given point have not more than 10% cases out of total pendency of Central Government litigation before the High Court / Tribunal / District & Subordinate Court concerned;

(vi) it may be ensured that all the Panel Counsel get their LIMBS ID activated and regularly update the status of the cases assigned to them; (vii) the Departments are to monitor cases through LIMBS portal; and

(viii) a monthly report on allocation of cases to Panel Counsel may be furnished through email to this Department on regular basis.

These guidelines need to be adhered with immediate effect, the OM stated.

Click here to read the order