The Madras High Court today suggested to the state government to consider amending rules on the appointment of law officers so as to provide caste-based representation and reservation to women within the constitutional framework.
"These are only my suggestions; it is up to the government to decide. Also consider bringing in provision to revisit the rules periodically and to review the performance of the law officers," observed Chief Justice Indira Banerjee heading the first bench.
The observations were made on a PIL moved by V Vasanthakumar seeking to amend the new rules framed by the government in line with the directions of the Supreme Court.
Though the state government has discretionary powers over such appointments, such discretion should be arbitrary.
Neutral eligible advocates should also be considered for the appointment of law officers. Mere rule saying that a candidate must resign from political affiliation before being appointed as law officer might not be sufficient.
It must be ensured that the candidates were free from criminal antecedents, the bench comprising the Chief Justice and Justice Abdul Quddhose observed.
In addition to this, the court said the petitioner was right in saying that there must be notices put up in the recognised advocates associations at least three to four months before such appointments inviting applications from prospective candidates.
The bench then posted the plea for further hearing to March8.
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