HC proposes draft rules for appointment of law officers

Appointment of law officers in the State, which is so far, was primarily based on the political affiliation of candidates are soon to be regulated, if the draft rules proposed on behalf of the Madras High Court are notified by the government.

The issue pertains to public interest litigation (PIL) petitions moved by advocate V. Vasanthakumar and others against political appointments to the public office of law officers.

The First Bench of the High Court immediately passed an interim order making it clear that any future appointment of law officers by the State government would be subject to the final outcome of the PILs.

The Bench appointed senior counsel R. Krishnamoorthy, and A.L. Somayaji as amicus curiae to propose draft rules to govern the appointments.

When the PILs came up for hearing on Monday, the amicus curiae submitted a draft rule titled, ‘Tamil Nadu Law Officers in Different Courts in the State (Appointment) Rules’.

The rules have proposed eligibility criteria for the appointments, including a proposal to fix 60 years as the upper age and excluding the post of Advocate General. For the posts of Additional Advocate General, Public Prosecutor, Government Pleader, and Special Prosecutor a minimum 10 years of practice with at least seven years in High Court has been proposed.

For the posts of Additional Government Pleader, seven years of practice with five years in High Court, and for Government Advocate, a minimum of five years of practice with three years in High Court has been proposed.

The draft has made it clear that the candidates would not be eligible for appointments if they are a member of any political party on the date of appointment, and has been convicted in an act of moral turpitude.

Selection committee

Besides the restrictions, a Selection Committee comprising the Advocate General as the Chairperson, Secretaries of Public, Home, and Law Departments as members has to be constituted for the selection process.

Taking stock of the draft Rules, the Bench comprising Chief Justice S.K. Kaul and Justice M. Sundar said, “It will be open to the State government now to proceed and notify these draft Rules, unless they have some concern, which can be brought to the notice of the court on March 16.”