Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocates - Law Officers - Appointment of - By the State Government - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Advocates - Law Officers - Appointment of - By the State Government-Whether the appointment of Law Officers can be questioned or the process, by which such appointments are made, can be assailed on the ground of being arbitrary and hence violative of Art. 14 of the Constitution - Held: The Government as well as the public bodies are trustees of the power vested in them and custodians of public interest - Therefore, the nature of their functions and duties (including the power to engage, employ or recruit servants, agents, advisors and representatives) must be exercised in a fair, reasonable, non-discriminatory and objective manner - Duty to act fairly is a facet of law and Art. 14 of the Constitution is intolerant towards arbitrariness - The States in discharge of their public duty and power to select and appoint State Counsel, cannot disregard either the guarantee contained in Art.14 or the duty to protect public interest by picking up the best, nor can the States frustrate, delay or negate the judicial process of administration of ;ustice which heavily banks upon the assistance rendered by the Bar - The States (States of Punjab and Haryana) in the present case have neither made any realistic assessment of their requirement, before making appointment of law Officers, nor haw: formulated any scheme, policy, ,.urms or standards for appointing such officers - There should bP a check on the appointment of State Counsel especially in situwions where the appointment is unregulated by any constitutional or statutory provision - The States of Punjab and Haryana are directed (1) To undertake a realistic assessment of their need; (2) Based on the assessment so made, constitute a Selection Committee; (3) The Committee on the basis of norms and criteria (formulated by the Government or the Committee) conduct selection of Law Officers and submit a panel of names to the Chief Justice of High Court; (4) The Chief Justice to set up a Committee of Judges to review the panel and make recommendations; (5) T Chief Justice to record his views regarding the suitability of the recommended candidate - Clarified that the present judgment will not effect appointment of Advocate General in terms of Art. 165 of the Constitution - Constitution of India - Art. 14 |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2016 INSC 287 |
Petitioner | State Of Punjab & Anr. |
Respondent | Brijeshwar Singh Chahal & Anr. |
SCR | [2016] 4 S.C.R. 685 |
Judgement Date | 2016-03-30 |
Case Number | 3194 |
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