(a) Whether the government constitutes a panel of Government advocates
to file and plead cases in courts pertaining to various Ministries/Departments;
(b) If so, the details thereof; and
(c) The qualifications laid down by the Government for empanelling
the said advocates in various Departments/Ministries?
MINISTER OF LAW AND JUSTICE (SH. SALMAN KHURSHID)
(a) Yes, Madam, in exercise of the powers conferred by clause (a) of Rule 8 B
of Order XXVII of the First Schedule to the Code of Civil Procedure 1908,
Central Government appoints Government Pleaders (Central Government Standing
Counsel) in relation to any suit by or against the Central Government in
various courts and in exercise of powers conferred by the provisions of
sections 24 and 25 of the Criminal Procedure Code, 1973, Central Government
appoints public prosecutors, including special public prosecutors, in Criminal
cases on behalf of Central Government before various courts.
(b) The appointment of the Central Government Standing Counsel is made by
the Government on the recommendation of Committees at various levels
constituted for the purpose of preparing panels. These Committees are
at Supreme Court level and at High Courts/State level. The panels are
prepared by these Committees after scrutinizing bio-data of the aspiring
advocates followed by interview/interaction.
However certain Ministries/Departments viz. CBDT,CBEC,ED of Ministry of
Finance.NCB.NIA of MHA, Ministry of Railways and CBI have been authorized
to have their separate panels to file or defend their cases. They asses
the competency etc of the advocates at their end and send the proposals
for approval of this Ministry before appointment.
(c) The required qualifications for a person for his inclusion in the panel
of Central Government Standing Counsel includes;-
(i) he must be enrolled as an advocate;
(ii) he should have sufficient standing at the Bar;
(iii) he should be a person of integrity and honesty.