2 months ago
1
The Tamil Nadu authorities has formulated a Standard Operating Procedure (SOP) for engaging Senior Advocates to behaviour cases successful the Supreme Court of India, connected its behalf.
The SOP has been formulated successful presumption of the expanding instances of engaging Senior Counsels successful galore cases earlier the Supreme Court and successful consultation with the Advocate-General and the Madras High Court. Though determination person been definite conditions imposed earlier for engaging Senior Counsels, this is the archetypal clip a SOP has been formulated.
As per the SOP, engaging Senior Counsels from the approved sheet “should not beryllium resorted to by the Tamil Nadu Government Advocates connected Record acrophobic successful a regular mode oregon by default without pursuing the procedures prescribed.”
With a presumption to creaseless behaviour of litigation earlier the Supreme Court connected behalf of this State, “all possibilities to behaviour the lawsuit by engaging the Additional Advocates General has to beryllium explored by the Tamil Nadu Government Advocates connected Record acrophobic successful the archetypal Instance,” it said.
A G.O. with the SOP was issued by the Home Department earlier this week.
When the Constitutional validity of Acts oregon Rules enacted by the State has been challenged oregon successful matters In which the Governor, Chief Minister, Ministers, Chief Justice, Judges, Chief Secretary and Secretaries are made parties by sanction oregon matters which, if decided against the Government, would person a far-reaching effect connected the State’s economy, the work of the State; revenue/tax matters involving much than ₹5 crore oregon the State government’s argumentation connected a peculiar substance are among the the circumstances erstwhile a Senior Counsel was to beryllium engaged.
“In case, if it Is felt by the Tamil Nadu Government Advocates connected Record acrophobic that considering the sensitivity and complexity of the issues progressive In the substance of litigation earlier the Supreme Court of India, engagement of Senior Counsels from the sheet approved by the State Government is considered perfectly indispensable and inevitable for defending the State effectively, the Tamil Nadu Government Advocates connected Record acrophobic should constitute to the Secretaries of the Administrative Departments acrophobic intelligibly justifying the engagement of Senior Counsels.”
The Secretary of the Administrative Department acrophobic whitethorn besides suggest to prosecute a Senior Counsel if, successful his/her view, the conditions mentioned earlier were satisfied. While engaging Senior Counsels successful important cases, the factors similar the intricacies progressive successful those cases and the lasting and speciality of the Senior Counsels should ever beryllium taken into relationship to support the involvement of the State. The Secretary to Government of the Administrative Department concerned, if necessary, successful consultation with the Advocate General of Tamil Nadu tin instrumentality last determination connected the engagement of Senior Counsels.
After arriving astatine a last determination to prosecute Senior Counsel, orders person to beryllium obtained successful circulation up to the level of Minister done the Chief Secretary to Government. In immoderate circumstances, resorting to the process prescribed seemed intolerable considering the urgency progressive successful the engagement of Senior Counsels from the approved panel, “their engagement by the Tamil Nadu Government Advocates connected Record acrophobic should ever beryllium with the anterior consent of the Secretaries of the Administrative Departments acrophobic oregon the Advocate General of Tamil Nadu.”
In specified urgent cases, station facto approval/ratification shall beryllium taken successful circulation up to the level of the Minister done 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, anterior support / station facto support / ratification of the Government request to beryllium taken by the Tamil Nadu Government Advocate connected Record acrophobic and specified support whitethorn beryllium fixed by the Administrative Department acrophobic by taking orders successful circulation up to the level of the Minister done the Chief Secretary to Government,” the bid said.
