In a significant move towards transparency and meritocracy in legal appointments, the Central Government on Wednesday informed the Delhi High Court that it will formulate a comprehensive policy for the empanelment of lawyers representing the Union of India across various judicial forums.
The submission was made by Solicitor General (SG) Tushar Mehta before a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela. The assurance came in response to a Public Interest Litigation (PIL) that flagged serious irregularities in a recent government counsel list, including the appointment of individuals who had allegedly not yet cleared the mandatory All India Bar Examination (AIBE).
The legal intervention was initiated by petitioner Vishal Sharma, who challenged the validity of the government’s empanelment list issued in September 2025. The PIL raised a startling contention: the list of counsels appointed to represent the Central Government before the Delhi High Court and subordinate courts included names of law graduates who had failed to clear the AIBE—a statutory requirement for practicing law in India.
The petition argued that entrusting sensitive government litigation to individuals lacking the basic statutory qualification undermined the administration of justice.
Government’s Stance
Appearing for the Centre, Solicitor General Tushar Mehta took a candid stand before the bench, acknowledging the validity of the concerns raised. Instead of contesting the allegations, the SG admitted that the petition raised pertinent issues that required systemic correction.
He conceded that the plea was not without merit and stated that the government intends to establish a proper mechanism to address the issue. The Solicitor General suggested that the Court could dispose of the petition by directing the Centre to formulate a specific policy, acknowledging that certain facts highlighted in the petition were accurate and would be rectified by the government.
Court’s Directions and Timeline
Taking note of the Solicitor General’s fair concession, the Bench disposed of the PIL, treating it as a representation to the government. The High Court issued a two-fold direction to the Centre to streamline the process:
- Immediate Redressal: The government has been directed to examine the specific factual discrepancies and issues raised in Vishal Sharma’s PIL within three weeks.
- Policy Formulation: Regarding the broader issue of systemic reform, the Court granted the Central Government three months to frame and issue appropriate guidelines for the empanelment of lawyers representing its various departments.
This development is expected to lead to stricter scrutiny in the appointment of standing counsels and ensuring that only qualified professionals represent the Union of India in courts.
