Semblance of objectivity needed to select govt lawyers: SC

There is a need to bring "some kind of objectivity" and "semblance of transparency" in selection of lawyers by states to defend them in courts, the Supreme Court today said.
A bench of justices T S Thakur and Kurian Joseph took note of lack of proper procedures in appointment of government lawyers and said the earlier practice of consulting the Chief Justices of High Courts by states in such selections has vanished.
"The states used to consult even the Chief Justices of the High Courts in appointment of standing counsels. Now, we find that none of the state governments consult the CJs," it said.

The bench asked Punjab to submit the latest CAG reports on the functioning of its law departments and allowed Solicitor General (SG) Ranjit Kumar, who is assisting the court as an amicus curiae, to apprise it of the litigation policies, if any.
The SG said that he will go through the relevant reports of the Law Commission and Finance Commission and file a report in the court within a week.
The court, which transferred itself a petition pending in the Punjab and Haryana High Court on the appointment of law officers in Haryana, allowed the state government to file further responses, if any.

During the day-long hearing, the SG referred to the prevalent practices in various states on selection of law officers.

On being told that even property dealers, political activists, having LL.B degrees have been appointed government lawyers, the bench said "there has to be some kind of semblance of transparency in such appointments."
The court does not want to decide the number of vacancies, remuneration and other things of government lawyers, but there has to be proper procedures which can "instill" confidence among aspirants, it said, adding "some objectivity in the system can be brought".
"Engaging lawyers arbitrarily can also be made subject matter of judicial scrutiny," it said.

The issue before the court relates to a dispute on appointment and dismissal of a law officer by the Punjab government.