The Central Government has formulated and issued comprehensive guidelines for the empanelment of advocates as panel counsel to represent the Union of India in various judicial and quasi-judicial settings. This includes appearances before the Supreme Court, High Courts, and an array of district and subordinate courts, tribunals, and forums. The guidelines were released in an Office Memorandum (OM) dated August 20.
Eligibility Criteria for Empanelment
To be considered for empanelment, applicants must possess a bachelor’s degree in law from a university or college recognized by the Bar Council of India (BCI). Candidates must also be enrolled with the State Bar Council in accordance with the Advocates Act, 1961, and should have successfully cleared the All-India Bar Examination (AIBE), holding a valid certificate of practice.
Moreover, advocates with specialized knowledge in distinct legal areas such as Income Tax, Customs, GST, and MLA laws are encouraged to apply for panels dealing with specialized legal matters. Furthermore, individuals with a decade of legal experience, specifically during government service, may be considered based on their specific legal expertise.
Application Procedure
Prospective candidates must submit their applications in the required format to the Deputy Secretary, Department of Legal Affairs. The application packet should include self-attested copies of educational certificates, any previous empanelment orders, an undertaking to adhere to the specified fee structures and guidelines, and a declaration affirming no criminal convictions or professional disqualifications.
Tenure, Disqualification, and Professional Fee
The empanelment will be valid for a period of three years, or until further instructions are provided, whichever occurs first. The performance of empanelled advocates will undergo an annual review.
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Disqualification may occur if an advocate is barred under Section 24A of the Advocates Act, 1961, or if they face professional disqualification by the Bar Council, or have previously misused their position to the detriment of the Union of India.
The OM specifies that the professional fee for empanelled advocates will be determined by the fee schedule approved by the Department of Legal Affairs, subject to amendments or revisions over time.
De-Empanelment and Resignation
The guidelines provide the Central Government with the authority to de-empanel an advocate at any time for reasons such as acting against instructions, failing to return briefs, misappropriating money, including court fees or costs, contempt of court, professional misconduct, or any legal conviction.
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An empanelled advocate wishing to resign must provide a minimum of one month’s written notice. However, this notice period can be waived with the approval of the Competent Authority.
Additionally, advocates must not assign, transfer, or delegate cases to other advocates without prior written approval and are required to maintain confidentiality regarding all ministry or department records and information. The Department of Legal Affairs retains the sole discretion regarding the allocation of cases and legal matters, and empanelment does not guarantee any minimum number of assignments.
