Centre Revises Rules for Government Panel Lawyers, Issues Fresh Guidelines

The Central Government has introduced new guidelines for appointing advocates as panel counsel to represent the Union government before the Supreme Court, High Courts, district and lower courts, tribunals and other legal forums.

Under the new rules issued through an Office Memorandum on August 20, applicants must hold a law degree from a university or institution recognised by the Bar Council of India. They must also be enrolled with a State Bar Council under the Advocates Act, 1961, possess a valid Certificate of Practice and have cleared the All India Bar Examination (AIBE).

Advocates with specialised experience in areas such as income tax, customs, GST and the Prevention of Money Laundering Act (PMLA) may be considered for special panels dealing with such matters. Lawyers with up to 10 years of legal experience while serving in government may also be considered based on their expertise.

Applicants will have to submit their applications in the prescribed format to the Deputy Secretary of the Department of Legal Affairs. The application must include self-attested educational documents, details of any previous panel appointment, fee structure, an undertaking to comply with the applicable terms and conditions, and a declaration regarding the absence of criminal conviction or professional disqualification.

The empanelment will generally remain valid for three years or until further orders, whichever is earlier. The performance of panel counsel will also be reviewed annually.

Advocates disqualified under Section 24A of the Advocates Act, 1961 will not be eligible for empanelment. Lawyers facing professional disqualification by a Bar Council may also be excluded. Those found to have misused their position in a manner detrimental to the interests of the Union of India in the past may likewise be denied empanelment.