The Law Ministry has released guidelines to ensure fair distribution of cases among panel counsel by ASGI/DSGI.

The Ministry of Law and Justice has released an important Office Memorandum to address issues related to the unfair distribution of legal cases among panel counsels representing the Union of India in various High Courts, Tribunals, and Subordinate Courts. The new guidelines are designed to create a clear, fair, and efficient process for case assignments, ensuring that the interests of the Union of India are safeguarded in ongoing legal matters. The “Litigation In-charge” in each Court or Tribunal must follow these new directives. An earlier Office Memorandum from 2019, which is included with this one, clarified that in High Courts, the Additional Solicitor General (ASGI) or, if unavailable, the Assistant Solicitor General—now called the Deputy Solicitor General (DSGI)—should be involved.

The Office Memorandum (OM) from the Department of Legal Affairs, dated October 16, 2024, addresses complaints from panel counsels and government departments about the unclear case allocation process. The Ministry stated, “This Department is receiving complaints from both Panel Counsels and various Ministries/Departments regarding the unfair and unclear allocation of cases by the Litigation In-charges in High Courts, Tribunals, and District and Subordinate Courts. Such practices harm other panel counsels and threaten the interests of the Union of India. Additionally, assigning routine matters to senior counsels creates unnecessary pressure.”

Key Points of the New Guidelines:

1. Routine cases can be assigned to Panel Counsel on a rotation basis, excluding Addi. SGI, Dy. SGI, and Senior Panel Counsel.
2. If a Ministry or Department suggests a specific Panel Counsel, they must provide a valid reason in writing.
3. Significant and sensitive cases, especially those questioning constitutional validity, may be assigned to Addi. SGI, Dy. SGI, Senior Panel Counsel, or upon a written request from the relevant Ministry/Department.
4. Cases with similar legal or factual issues, differing mainly in party names or amounts, can be assigned to the same Panel Counsel, regardless of whether they are heard together.
5. A Panel Counsel, excluding Addi. SGI, Dy. SGI, and Senior Panel Counsel, should not handle more than 10% of the total pending cases for the Central Government in the relevant courts.
6. All Panel Counsel must activate their LIMBS ID and keep their case statuses updated regularly.
7. Departments should track cases using the LIMBS portal.
8. A monthly report on case assignments to Panel Counsel should be sent via email to this Department regularly.

The new guidelines must be put into action right away, and all Litigation In-charges for High Courts, Tribunals, District and Subordinate Courts, and Redressal Commissions across the country must follow them closely. The Department of Legal Affairs has instructed all Ministries and Departments to adhere to these guidelines and to ensure that panel counsels are on the approved list before they are assigned to any case.

These guidelines are part of the Ministry of Law and Justice’s efforts to make the legal process more efficient, reduce delays, and guarantee fair treatment for all panel counsels. This initiative also aims to enhance the legal strategy of the Union of India by ensuring that the appropriate counsel is chosen for each case based on merit and need, rather than random selection. The Department has emphasized that any failure to follow these guidelines should be reported right away, and compliance will be monitored closely.