Delhi High Court Pushes Centre to Frame Policy for Lawyer Empanelment, Transparency in Appointments Stressed
Court grants three months to Union Government to issue guidelines after PIL challenges recent empanelment.
Judges emphasize merit, fairness, and accountability in selection of government counsel across courts.
By Our Legal Reporter
New Delhi: December 19, 2025:
The Delhi High Court has asked the Central Government to frame a comprehensive policy for the empanelment of lawyers representing the Union of India before various courts. The directive came during the hearing of a Public Interest Litigation (PIL) that questioned the transparency and fairness of recent appointments of government counsel.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela granted the Centre three months to finalize and issue guidelines. The Court emphasized that the process must be transparent, merit-based, and free from arbitrariness.
Background of the Case
The PIL was filed by Vishal Sharma, who challenged the September 2025 empanelment list of lawyers representing the Centre before the Delhi High Court and subordinate courts.
- The petitioner alleged that some advocates included in the list had not cleared the All-India Bar Examination (AIBE).
- Concerns were also raised about nepotism, with names of individuals linked to political leaders and sitting judges appearing in the list.
- The PIL argued that such practices undermine the credibility of government representation in courts.
During the hearing, Solicitor General Tushar Mehta assured the Court that the Centre would “take a call” and devise a mechanism for empanelment.
Court’s Observations
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The Delhi High Court made several important observations:
- Need for guidelines: Empanelment must follow a structured policy to ensure fairness.
- Transparency and merit: Selection should be based on qualifications, experience, and performance, not personal connections.
- Public confidence: Government counsel represents the Union of India; their appointments must inspire trust.
- Time-bound directive: The Centre was given three months to finalize and issue guidelines.
The Court closed the PIL, treating it as a representation, and directed the government to consider the petitioner’s concerns while framing the policy.
Legal Significance
This ruling has wide implications for India’s legal system:
- Strengthens accountability: Ensures that government lawyers are appointed through a transparent process.
- Protects rule of law: Prevents arbitrary or politically influenced appointments.
- Guides future empanelment: Sets a precedent for structured policies across states and departments.
- Improves quality of representation: Merit-based selection will enhance the government’s legal performance in courts.
Expert Reactions
Legal experts have welcomed the ruling:
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- Senior advocates in Delhi said the directive will bring much-needed clarity to empanelment practices.
- Bar associations noted that merit-based policies will improve the quality of government litigation.
- Academics highlighted that the ruling aligns with constitutional principles of fairness and equality.
Lessons for Government and Lawyers
The case offers important lessons:
- Government must act quickly: Finalize and issue guidelines within the three-month deadline.
- Lawyers must meet standards: Only qualified advocates should be empanelled.
- Merit over connections: Selection must prioritize competence, not nepotism.
- Public trust matters: Transparent policies will strengthen confidence in the justice system.
Conclusion
The Delhi High Court’s directive to the Centre to frame a policy for lawyer empanelment is a landmark ruling. By emphasizing transparency, merit, and accountability, the Court has reinforced the principle that government representation in courts must inspire public trust.
This judgment is expected to influence empanelment practices across India, ensuring that government counsel is appointed fairly and competently. For the legal community, it marks a step toward greater professionalism and integrity in public service.
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