The Delhi High Court flagged serious lapses in the Centre’s empanelment of government lawyers, including alleged AIBE non-compliance. The Union Government assured the Court it will frame a comprehensive, transparent policy to regulate future appointments.
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NEW DELHI: The Central Government has assured the Delhi High Court that it will introduce a uniform and transparent policy for empaneling lawyers representing the Union of India, following serious concerns over the appointment of advocates who allegedly failed to meet statutory eligibility criteria.
The assurance was given on Wednesday by Solicitor General Tushar Mehta before a Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela during the hearing of a Public Interest Litigation (PIL) highlighting irregularities in the Centre’s counsel selection process.
The PIL, filed by Vishal Sharma, challenged the government’s September 2025 empanelment list for lawyers representing the Centre before the Delhi High Court and subordinate courts.
According to the petition, several individuals included in the list had not cleared the All India Bar Examination (AIBE), a mandatory prerequisite for practicing law in India. The plea argued that appointing such individuals to conduct government litigation raises serious concerns about legal competence, accountability, and the integrity of judicial proceedings.
Representing the Union, Solicitor General Tushar Mehta did not dispute the substance of the allegations. Instead, he acknowledged before the Court that the issue raised in the PIL exposed systemic gaps in the existing empanelment process.
The SG submitted that the government recognizes the need for a structured and merit-based mechanism to ensure that only statutorily qualified advocates are appointed as government counsels. He suggested that the matter could be resolved by directing the Centre to formulate a comprehensive policy, adding that factual inaccuracies pointed out in the petition would be addressed.
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Taking note of the Centre’s submissions, the Delhi High Court disposed of the PIL while issuing clear timelines to ensure accountability.
The Court directed the Central Government to:
- Review the specific allegations raised in the PIL within three weeks, including verification of AIBE compliance; and
- Frame and notify detailed guidelines within three months governing the empanelment of lawyers for various government departments and courts.
The Court’s directions are expected to result in greater scrutiny of government counsel appointments and reinforce adherence to statutory norms. Legal observers note that a standardized empanelment policy could improve the quality of legal representation, reduce arbitrariness, and strengthen public confidence in government litigation practices.
