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Guidelines for Eligibility of Being Government Law Officers Guidelines for Eligibility of Being Government Law Officers

Bronze medal Reporter Adv Rose Posted 27 Oct 2019
Guidelines for Eligibility of Being Government Law Officers

Eligibility of Government Law Officers:-

 Subject to rule 8, no person shall be eligible for appointment in the High Court ,-

(i) (a) as an Additional Advocate General unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(b) as a Public Prosecutor unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(c) as a Government Pleader unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(d) as a Special Government Pleader unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(e) as an Additional Government Pleader unless he has been in practice as an Advocate for not less than seven years out of which a minimum of not less than five years in the High Court;

(f) as a Government Advocate unless he has been in practice as an Advocate for not less than five years out of which a minimum of not less than three years in the High Court;

(ii) unless he is a Citizen of India;

(iii) unless he has obtained a Law Degree from a University in India Recognised by Bar Council of India after undergoing the Law Course;

 (iv) if he is convicted by a Court of Law to be involved in an act of moral turpitude.

Method of Appointment of Government Law Officers In the High Court:-

(1) The appointment of an Additional Advocate General, Government Pleader, Additional Public Prosecutor, Special Government Pleader, Additional Government Pleader and Government Advocate shall be made by the Government.

(2) The Public Prosecutor and Additional Public Prosecutor shall be appointed in consultation with the High Court in accordance with section 24 of the Code of Criminal Procedure, 1973.

(3) There shall be a Selection Committee to select the Law Officers in the High Court from and out of a panel consisting of names for each of the posts. The Committee shall consist of the following members:

The Advocate General - Chairman The Secretary (Public) - Member The Secretary (Home) - Member The Secretary (Law) – Member

(4) The Advocate General shall forward the list of Advocates as per the eligibility norms prescribed in rule 4, to Government after preliminary scrutiny for selection of Law Officers and the Government shall place the same to the Selection Committee.

 (5) The Selection Committee shall be satisfied about the qualification, experience, integrity, reliability, reputation and antecedents of the candidates.

(6) After ascertaining the antecedents of the candidates recommended by the Selection Committee, the State Government may appoint such person as a Law Officer of the State for the specified Post.

(7) All Law Officers shall be appointed by the Government and such Law Officers shall hold office during the pleasure of the Government.


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Term of Law Officers

 Term of Law Officers:- (1) All Government Law Officers appointed by the Government, except Government Advocates shall hold office during the pleasure of the Government. (2) Government Advocate shall hold office for a period of 2 years at a time. He may be considered for a further term of 2 years each, if the Government are satisfied that he has proven efficiency and good performance and for a third term in exceptional cases.

Removal of Law Officers

Removal of Law Officers:- (1) A Government Law Officer shall be liable to be removed from the office without assigning any reason by giving one month notice or on payment of one month retainer fee in lieu of such notice. (2) A Government Law Officer may resign his office by giving one month notice in writing to the Government. (3) A Government Law Officer shall be removed from office if he suffers from any of the disqualifications mentioned in rule 8. (4) A Government Law Officer shall also be removed from his duty for any act or conduct which is incompatible with his duties as a Law Officer.

These guidelines are applicable for all advocates in India.

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