Lok Sabha Question No. 534 (UNSTARRED), answered on 2022-12-09
Subject: Empanelment of Counsels
Ministry: LAW AND JUSTICE
Asked by: Aparajita Sarangi

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF LEGAL AFFIARS

## Lok Sabha

## Unstarted Question No. 534

## TO BE ANSWERED ON FRIDAY, THE 09.12.2022

## Government Counsels

## 534. SHRIMATI APARAJITA SARANGI:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government has any centralized policy in place towards method/procedure for empanelment of counsels and advocates pan India and if so, the details thereof;
- (b)
- if not, the reasons therefor;
- (c) the details of expenses borne by the Government for engaging panel counsels during 2021-2022, State-wise;
- (d) whether there exists any fixed procedure for the assignment of cases to panel
- counsels and if so, the details thereof; and
- (e) whether the Government has laid down any requisite qualifications and eligibility criteria to empanel counsels and if so, the details thereof ?

## MINISTER OF LAW AND JUSTICE

## ANSWER (SHRI KIREN RIJIJU)

- (a) Ministry  of  Law  &  Justice  receives  large  number  of  applications  from practicing  advocates  across  the    country  for  empanelment  as  Government Counsel at various levels in Hon'ble Supreme Court, various High Courts/Tribunals  and  District  Courts  throughout  the  country.  The  Ministry has its own search mechanism through which it scrutinizes the applications

based on the experience, merit and goodwill of the practicing advocates. The ministry after obtaining inputs from various quarters in respect of applicant advocates empanels them at various levels as Central Government Counsels, Standing  Government  Counsels  and  Panel  Advocates  at  Supreme  Court, High Courts/Tribunals and District Courts.

- (b) Government of India has already fixed the eligibility criteria for empanelment  of  advocates  as  Government  Counsel,  which  is  registered advocates under Advocates Act, 1961.
- (c) This  Department  has  Litigation  Branches  in  Delhi  (Delhi  High  Court  & Central Agency Section for Supreme Court), Mumbai, Kolkata, Chennai & Bengaluru.  The  expenses  incurred  for  engaging  Law  officers  and    panel counsels including retainership fee  by this Department during 2021-2022 is Rs. 48,94,54,767/- ( As per Annexure-A )
- (d) Yes.  The  cases  are  being  assigned  to  Various  Government  Advocates  at various  levels  as  manner  prescribed  in  various  Office  Memoranda  of  this Ministry,  which  includes  consultation  with  Ld.  Attorney  General/  Ld. Solicitor  General  and  various  Ld.  Additional  Solicitors  General  and  Ld. Deputy Solicitors General, wherever it is necessary.

## Annexure-A

| S.No   | Litigation Sectoin                                                                             | Amount in Rs.   |
|--------|------------------------------------------------------------------------------------------------|-----------------|
| 1.     | Central Agency Section, Supreme Court, New Delhi                                               | 28,78,26,268/-  |
| 2.     | Delhi High Court, New Delhi                                                                    | 10,99,99,885/-  |
| 3.     | Cash Section, Ministry of Law &Justice, Department of Legal Affairs, Shastri Bhawan, New Delhi | 2,31,48,563/-   |
| 4.     | Branch Secretariat, Department of Legal Affairs, Mumbai                                        | 1,56,60,990/-   |
| 5.     | Branch Secretariat, Department of Legal Affairs, Kolkata                                       | 1,83,83,790/-   |
| 6.     | Branch Secretariat, Department of Legal Affairs, Chennai                                       | 3,06,67,875/-   |
| 7.     | Branch Secretariat, Department of Legal Affairs, Bengaluru                                     | 37,67,486/-     |
| Total  | Total                                                                                          | 48,94,54,767/-  |