Law Ministry Issues Guidelines For Fair Allocation Of Cases Among Panel Counsel By ASGI/DSGI

The new guidelines aim to promote a transparent, fair, and efficient process for case allocation, and to ensure that the Union of India’s interests are protected in ongoing litigations.

The directives in the new guidelines are to be followed by "Litigation In-charge" in respective Courts/Tribunals. By an earlier Office Memorandum of 2019, attached to the present one, it was clarified that in High Courts, the Additional Solicitor General (ASGI) or in his absence, the Assistant Solicitor General- now renamed as the Deputy Solicitor General (DSGI).

The Office Memorandum (OM) issued by the Department of Legal Affairs on October 16, 2024, responds to complaints from panel counsels and government departments regarding the opaque allocation process. The Ministry noted, "But, this Department is receiving complaints/ reports from not only the Panel Counsels but also from the Ministries / Departments regarding unfair and opaque allocation of cases by the Litigation In-charges of the High Courts/ Tribunals and District and Subordinate courts concerned. Such practices are not only detrimental to other panel counsel, but, also jeopardizes the interests of Union of India. Moreover, allocating ordinary/ routine matters to senior category of counsels causes unnecessary burden."

Key Highlights of the New Guidelines:

(i) cases of ordinary/ routine nature may be assigned to Panel Counsel (except Addi. SGI / Dy. SGI / Senior Panel Counsel) on turn basis;

(ii) if the Ministry / Department recommends the name of a particular Panel Counsel in writing, it should have proper justification;

(iii) important, sensitive, and high stake matters including those involving constitutional vires of the provision being under challenge may be assigned to Addi. SGI / Dy. SGI / Senior Panel Counsel and/or on the specific request in writing of the Ministry/ Department concerned;

(iv) two or more cases in which substantially identical questions of law or facts are involved and where the main difference is in the names, addresses of the parties concerned amount of money involved etc. irrespective of the fact whether all such cases are heard together or not, may be assigned to the same Panel Counsel and not different ones;

(v) a Panel Counsel, except Addi. SGI / Dy. SGI / Sr. Panel Counsel, should at a given point have not more than 10% cases out of total pendency of Central Government litigation before the High Court / Tribunal / District & Subordinate Court concerned;

(vi) it may be ensured that all the Panel Counsel get their LIMBS ID activated and regularly update the status of the cases assigned to them;

(vii) the Departments are to monitor cases through LIMBS portal; and

(viii) a monthly report on allocation of cases to Panel Counsel may be furnished through email to this Department on regular basis.

The guidelines are to be implemented immediately, with strict adherence expected from all designated Litigation In-charges for High Courts, Tribunals, District and Subordinate Courts, and Redressal Commissions across the country. The Department of Legal Affairs has also mandated that all Ministries and Departments comply with these guidelines and ensure that panel counsels remain on the approved panel before being engaged for any case.

These new guidelines are part of an ongoing effort by the Ministry of Law and Justice to streamline the legal process, reduce inefficiencies, and ensure fair treatment for all panel counsels. The move is also aimed at improving the Union of India’s legal strategy by ensuring that the right counsel is appointed for the right case, based on merit and necessity, rather than arbitrary allocation practices.

The Department has made it clear that any deviation from these guidelines should be reported immediately, and non-compliance will be closely monitored.

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