In Brief
The Supreme Court held that appointment of Government Counsel/Law Officers by States must be made on a fair, merit-based, non-arbitrary and objective basis, governed by Article 14 of the Constitution. The Court found that States of Punjab and Haryana made no realistic assessment of need and followed no transparent selection process, contrary to Rule of Law principles. While Government Counsel are not regular employees, their appointments have a public element requiring judicial review protection. The Court mandated a three-stage process: realistic assessment of requirement, selection by a Government Committee using stipulated norms, and consultation with the High Court Chief Justice for views on professional competence. This ensures merit-based selection uninfluenced by political considerations while protecting public interest in quality legal assistance.
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