High Court Takes Action on Advocate General Vacancy in J&K
The Jammu & Kashmir and Ladakh High Court has recently stepped in to address a pressing issue concerning the absence of an Advocate General in the Union Territory. The court issued a notice to the J&K government following a Public Interest Litigation (PIL) petition that calls for the prompt appointment of an Advocate General. The case, Harsh Dubey v. Union Territory of J&K, is currently under the scrutiny of the High Court’s Division Bench.
Chief Justice Pushpendra Singh Bhati and Justice Rajnesh Oswal presided over the matter, instructing the Chief Secretary and the Law Secretary to respond to the PIL by October 21, the designated date for the next hearing. The Bench emphasized the necessity of filling the Advocate General’s post by the next court session, highlighting the critical nature of this constitutional position.
Background on the Advocate General Vacancy
The Advocate General’s office in Jammu & Kashmir has been unoccupied since October 2024 following the resignation of DC Raina. This resignation coincided with the formation of the National Conference government under Omar Abdullah’s leadership. Despite the new administration taking charge, the Lieutenant Governor and the National Conference government have yet to appoint a successor to this key role.
The PIL, submitted by advocate Harsh Dubey, urges the authorities to expedite the appointment process, citing the crucial role of the Advocate General in ensuring the smooth administration of justice and the execution of statutory duties. The petition also stresses that the vacancy has hindered the operations of the Jammu and Kashmir Advocates Welfare Fund Trustee Committee, as the Advocate General automatically assumes the position of ex-officio Chairperson under the Advocates’ Welfare Fund Act of 2001.
Impact of the Vacancy on the Legal Framework
The absence of an Advocate General is not merely a bureaucratic issue; it has tangible effects on the legal and administrative framework of the Union Territory. The Advocate General plays a pivotal role in advising the government on legal matters and representing the state in various judicial forums. The current vacancy impedes these functions, potentially affecting the overall legal proceedings within the region.
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Advocate Kannu Karan Prasher has filed the petition on behalf of Harsh Dubey, seeking judicial intervention to resolve this matter of significant public interest. The High Court’s directive to the government reflects the judiciary’s proactive stance in ensuring that key constitutional roles are not left unattended.
