In a bid to address growing concerns of inequitable case distribution, the Ministry of Law and Justice has unveiled a fresh set of directives for the transparent allocation of cases among the Central Government’s panel counsel. This move comes after numerous complaints were raised about the lack of clarity and fairness in the process, particularly from panel members and various government ministries.
Under the newly issued guidelines, which were formalized after the Department of Legal Affairs received multiple grievances, cases handled by the Central Government before High Courts, subordinate courts, and tribunals will be distributed more equitably. The complaints largely centered around the conduct of designated “Litigation In-charges,” who were accused of favoritism and opaque decision-making in assigning cases to counsel.
The Department has acknowledged that such practices not only harm the interests of panel members but also jeopardize the Union of India’s legal standing. Furthermore, overloading senior counsel with routine cases only adds unnecessary pressure on their resources, which the Ministry aims to avoid.
The updated rules, which take immediate effect, emphasize a structured and transparent approach to case assignment. Routine cases are now to be allocated on a turn-by-turn basis to regular panel counsel, except for the most senior categories like the Additional Solicitor General of India (Addl. SGI), Deputy Solicitor General of India (Dy. SGI), or Senior Panel Counsel. Ministries and departments wishing to recommend a specific counsel for a case must provide a written justification.
For more complex or high-stakes cases, such as those challenging constitutional provisions, assignments will prioritize senior counsels. These too will follow a written request from the relevant ministry or department.
The guidelines further stipulate that cases involving similar legal issues, even if differing in minor details, should be assigned to the same counsel. Additionally, to prevent disproportionate caseloads, no single panel counsel should handle more than 10% of the Central Government’s total pending cases.
Finally, to ensure accountability, all panel members must activate and maintain their Legal Information Management & Briefing System (LIMBS) ID, with regular updates to be submitted via the portal. Monthly reports on case allocations will also be sent to the Department for oversight.
