Delhi High Court Directs Centre To Frame Guidelines For Engagement Of Government Counsel In Three Months

The Delhi High Court on Wednesday, 17 December, asked the Central government to frame guidelines for the engagement of government counsel to represent various departments, granting it a period of three months to take a decision and issue appropriate norms.

A division bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela passed the order while hearing a plea challenging the recent empanelment of lawyers to represent the Central government before the Delhi High Court and subordinate courts.

“As far as framing of guidelines is concerned, we grant a period of three months’ time to the Central Government to take a decision and issue appropriate guidelines for engagement of counsel to represent its departments,” the Court said.

The petition was filed by Vishal Sharma, who contended that the empanelment list issued in September 2025 included names of advocates who had not cleared the All India Bar Examination. It was also submitted that the enrolment details of some advocates were missing.

“These are advocates from 2025 who have not even passed the AIBE examination. Moreover, there are some advocates whose enrolment details are also not mentioned,” the petitioner’s counsel argued.

During the hearing, Justice Gedela asked, “So, according to you, they are ineligible to be there?”

Appearing for the Central government, Solicitor General of India Tushar Mehta said that some of the facts stated in the petition were correct while others were not. He assured the Court that the grievances raised would be examined by the competent authority. He further stated that the Central government would take a call and devise an appropriate mechanism regarding the empanelment of lawyers.

Recording the assurance, the Court noted that the issues raised in the petition ought to be left to Respondent Nos. 1 and 2 for consideration. The bench said that all grievances raised in the petition would be looked into by the appropriate authority and that decisions warranted under law would be taken.

It directed that the writ petition itself be treated as a representation. It said the competent authority of the Central government should examine the facts with expedition, preferably within eight weeks, and take a final decision within a further period of three months.

The bench also ordered that while considering the representation, the individual facts pleaded in the petition should be taken into account and the grievance be appropriately addressed.

With these directions, the writ petition was disposed of.

Bench: Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela

Hearing Date: 17 December 2025