Chief Justice differs with Kaul’s order on law officers

Taking a contrary view to the earlier order passed by the then Chief Justice Sanjay Kishan Kaul, who has since been elevated to the Supreme Court, directing the government to notify the draft rules and appointing an amicus curie for the purpose, the present first bench headed by acting Chief Justice Huluvadi G Ramesh and Justice RMT Teeka Raman, questioned the locus standi of one of the petitioners in moving such a petition at the first place. 

The acting Chief Justice while observing that the appointment of Law officers falls purely under the government domain asked as to how the court can interfere with government administration.

Stating that the PIL will not stand scrutiny, the bench disposed the petitions giving liberty to state government to act in accordance with the Supreme Court guidelines. 

However, the bench said “if there is any violation of Supreme Court guidelines the petitioners may approach the Court under Article 226 of the Constitution of India.” 

The petitioners, who had challenged the appointment of Law officers had sought for a direction to state government to appoint law knowing persons and not those merely owing to their political leanings as law officers for various courts in the state. 

The plea also insisted that the appointment could not be solely on political considerations and the judiciary had to be consulted.