There is no specified criterion or qualification required for appointment as Additional/Deputy/Assistant Advocate General in the office of the Advocate General, the Haryana Government said replying to a query under the Right to Information Act.
More than 90 Additional/Deputy/Assistant Advocate General have been engaged by the Haryana Government over the past two months after the BJP government took over.
Earlier, the Congress government had also made similar appointments. While Assistant AG is paid Rs.80,000 per month, the Additional and Deputy AGs are paid over Rs.1 lakh per month.
“One wonders how the State Government decides on the merit of the selected advocates. And, important aspect is that these advocates engaged without any criteria of merit, deal with the fundamental rights and other rights of the citizens in the High Court. So many meritorious and senior lawyers feel that the opaque procedure of appointment of law officers in the AG Office, leads to compromise on merit,” said Pardeep Kumar Rapria, a practicing lawyer in the High Court, who had filed the RTI application seeking the information.
The RTI reply also revealed that no applications were invited or received from those appointed. Questioning the appointments without formal applications, Mr. Rapria, a practicing lawyer in the Supreme Court and High Court, alleged that a majority of those appointed were kith and kin of ministers, political leaders, senior bureaucrats, high court judges, police officers and MLAs of ruling party in the state.
“It is important to mention here that as per the latest Bar Council of India Rules an advocate before starting practice in the High Court must have a minimum experience of two years of practice of law before a Sessions Judge or District Judge. However, the Haryana Government has picked up several lawyers who have less than two years experience,” said Mr. Raparia.
Mr. Raparia has now challenged the “arbitrary” and “illegal” engagement of advocates in the AG Office, Haryana, on pick and choose basis, as this issue affected the “fundamental rights of people and the overall functioning of the judicial system”.
It has been alleged that majority of those appointed as Additional/Deputy/Assistant Advocate General were kith and kin of ministers and political leaders
