TN Govt formulates SOP for engaging senior counsels to represent it in SC

The Tamil Nadu government has formulated a Standard Operating Procedure (SOP) for engaging Senior Advocates to conduct cases in the Supreme Court of India, on its behalf.

The SOP has been formulated in view of the increasing instances of engaging Senior Counsels in many cases before the Supreme Court and in consultation with the Advocate-General and the Madras High Court. Though there have been certain conditions imposed earlier for engaging Senior Counsels, this is the first time a SOP has been formulated.

As per the SOP, engaging Senior Counsels from the approved panel “should not be resorted to by the Tamil Nadu Government Advocates on Record concerned in a routine manner or by default without following the procedures prescribed.”

With a view to smooth conduct of litigation before the Supreme Court on behalf of this State, “all possibilities to conduct the case by engaging the Additional Advocates General has to be explored by the Tamil Nadu Government Advocates on Record concerned in the first Instance,” it said.

A G.O. with the SOP was issued by the Home Department earlier this week.

When the Constitutional validity of Acts or Rules enacted by the State has been challenged or in matters In which the Governor, Chief Minister, Ministers, Chief Justice, Judges, Chief Secretary and Secretaries are made parties by name or matters which, if decided against the Government, would have a far-reaching effect on the State’s economy, the service of the State; revenue/tax matters involving more than ₹5 crore or the State government’s policy on a particular matter are among the the circumstances when a Senior Counsel was to be engaged.

“In case, if it Is felt by the Tamil Nadu Government Advocates on Record concerned that considering the sensitivity and complexity of the issues involved In the matter of litigation before the Supreme Court of India, engagement of Senior Counsels from the panel approved by the State Government is considered absolutely necessary and inevitable for defending the State effectively, the Tamil Nadu Government Advocates on Record concerned should write to the Secretaries of the Administrative Departments concerned clearly justifying the engagement of Senior Counsels.”

The Secretary of the Administrative Department concerned may also propose to engage a Senior Counsel if, in his/her view, the conditions mentioned earlier were satisfied. While engaging Senior Counsels in important cases, the factors like the intricacies involved in those cases and the standing and speciality of the Senior Counsels should always be taken into account to protect the interest of the State. The Secretary to Government of the Administrative Department concerned, if necessary, in consultation with the Advocate General of Tamil Nadu can take final decision on the engagement of Senior Counsels.

After arriving at a final decision to engage Senior Counsel, orders have to be obtained in circulation up to the level of Minister through the Chief Secretary to Government. In any circumstances, resorting to the procedure prescribed seemed impossible considering the urgency involved in the engagement of Senior Counsels from the approved panel, “their engagement by the Tamil Nadu Government Advocates on Record concerned should always be with the prior consent of the Secretaries of the Administrative Departments concerned or the Advocate General of Tamil Nadu.”

In such urgent cases, post facto approval/ratification shall be taken in circulation up to the level of the Minister through the Chief Secretary to Government. “In respect of engagement of Senior Counsels not empanelled by the Government for protecting the Interest of the State of Tamil Nadu, prior approval / post facto approval / ratification of the Government need to be taken by the Tamil Nadu Government Advocate on Record concerned and such approval may be given by the Administrative Department concerned by taking orders in circulation up to the level of the Minister through the Chief Secretary to Government,” the order said.