Sagar Orders Comprehensive Review of Government Litigation, Law Officers’ Appointments and Legal Administration
JAMMU, NOVEMBER 5: Minister for Law, Justice and Parliamentary Affairs, Ali Mohammad Sagar, on Thursday directed a comprehensive review of Government litigation, appointments and performance of Standing Counsels and Government Advocates, calling for greater transparency, accountability and time-bound reforms to strengthen the legal administration.
The Minister issued the directions while chairing a review meeting of the Law Department, attended by Commissioner/Secretary, Law, Justice and Parliamentary Affairs, Achal Sethi, and other senior officers.
During the meeting, Sagar called for a detailed assessment of all existing legal engagements, including appointment procedures, approving authorities, prescribed tenures, extensions, service conditions and individual performance of lawyers representing the Government before various judicial forums.
Emphasising the need for a transparent and merit-based appointment mechanism, he directed that all appointments and extensions strictly adhere to established rules, Government instructions and prescribed procedures. He also called for assessing the existing strength of Standing Counsels against the actual requirements of different courts and departments, with particular attention to surplus, overlapping and non-performing engagements.
Reviewing the status of Government litigation before the Supreme Court, High Court, Central Administrative Tribunal (CAT) and subordinate courts, the Minister directed the preparation of a consolidated database categorising pending, disposed of and newly instituted cases on court-wise, department-wise and district-wise basis.
He stressed the need to prioritise long-pending, sensitive and high-value cases, particularly those involving service matters, land disputes, contractual issues and contempt petitions.
Expressing concern over adverse judicial verdicts and avoidable litigation, Sagar called for a detailed examination of cases decided against the Government. He directed the identification of departmental lapses, inadequate legal representation, delays in filing counter-affidavits and non-compliance with court directions, with responsibility to be fixed wherever warranted.
The Minister underscored the importance of effective coordination between the Law Department and Administrative Departments, directing the appointment of nodal officers in every department to ensure timely submission of records, factual reports and necessary instructions to Government Advocates. He also called for regular monitoring of important cases at the level of Administrative Secretaries.
On the appointment and continuation of Government lawyers, Sagar stressed strict adherence to eligibility criteria, professional competence and performance benchmarks. He said periodic evaluation of advocates must be made mandatory before considering renewal or extension of their engagements.
The Minister also directed a thorough review of the digital application and legal case management portal developed for monitoring Government litigation. The assessment, he said, should cover its administrative approval, financial sanction, operational status, utilisation and accountability, besides ensuring integration of all Administrative Departments, district offices and Government Advocates with the system.
Taking stock of financial expenditure, Sagar called for a comprehensive assessment of payments made towards retainership, professional charges, appearance fees and other legal engagements, including pending bills. He emphasised that payments must be properly verified against actual work performed and supported by requisite financial approvals and budgetary provisions.
Reviewing legal vetting, opinions and legislative matters, the Minister directed timely scrutiny of Government orders, rules, regulations, policies, agreements and draft legislation. He observed that stronger legal examination at the initial stage would help prevent avoidable litigation and ensure that Government decisions remain legally sound.
Highlighting the importance of equal access to justice, Sagar directed the department to strengthen legal assistance for poor, needy and underprivileged sections who lack the financial means to engage private advocates or pursue their cases effectively.
He also reviewed the functioning of Legal Services Authorities and stressed the need for adequate availability of legal aid advocates at the district, High Court and Supreme Court levels to ensure timely and effective representation for deserving individuals.
The Minister further reviewed the administrative and manpower position of the Law Department, directing a comprehensive assessment of sanctioned strength, vacant posts and existing staffing requirements.
He called for expeditious examination of recruitment, promotions, Departmental Promotion Committees (DPCs) and pending service-related matters, stressing that these issues must be resolved within a stipulated timeframe. He also emphasised timely career progression, promotions and redressal of employees' grievances.
Sagar directed a review of manpower deployment across subordinate offices, advocating rationalisation and optimum utilisation of available staff to improve institutional efficiency.
He also called for the formulation or revision of a transparent, uniform and rational transfer policy for the Law Department and its subordinate establishments. Stressing equitable distribution of manpower, he said transfer decisions must be based on administrative requirements, fairness and transparency, while avoiding prolonged postings at particular stations and arbitrary transfers.
Reiterating the importance of institutional accountability, the Minister called for uniform terms and conditions governing legal engagements, clearly defined tenure and extension provisions, transparent appointment procedures and mandatory performance assessments. He maintained that continuation of any engagement must be justified by professional competence, satisfactory performance and genuine administrative requirements.
The Minister directed the Law Department to prepare a consolidated statement of all Standing Counsels, Government Advocates and other legal engagements, detailing their appointments, approving authorities, tenure, extensions, service conditions and performance.
He also called for a comprehensive litigation database documenting case-wise progress, judicial outcomes, matters decided against the Government and the reasons underlying adverse judgments.
Directing the department to prepare a time-bound action plan, Sagar said the proposed measures should focus on rationalisation of legal engagements, transparent appointments, improved Government representation, effective litigation management and strengthening of the digital case-monitoring mechanism.
He stressed that the broader objective should be to make the Law Department more responsive, efficient and accountable, while safeguarding the legal and financial interests of the Government, ensuring effective representation before all judicial forums and guaranteeing access to justice for every deserving citizen. ANB
