Centre lays down new rules for empanelling advocates as government counsel

The Central government has issued fresh guidelines governing the empanelment of advocates who represent the Union of India before courts and tribunals across the country, laying down the framework for their selection and appointment as panel counsel. The guidelines will apply to lawyers engaged to appear for the Centre before the Supreme Court, High Courts, district and subordinate courts as well as tribunals and other judicial and quasi-judicial forums. The move sets out eligibility and selection parameters for advocates seeking empanelment and also provides for considering certain candidates with substantial legal experience acquired during government service.

Experience to count

Under the guidelines, advocates who have previously undertaken legal work for at least 10 years while serving in government may be considered for empanelment, depending on their area of expertise.

This provision recognises professional legal experience acquired within government departments and institutions while allowing the authorities to assess whether a candidate’s expertise corresponds with the nature of cases for which counsel are required. Panel counsel perform an important role in representing the Union government across a wide range of litigation, from constitutional and administrative disputes to service, taxation and other matters involving ministries and government departments. The new guidelines seek to provide a common framework for identifying advocates who can be entrusted with representing the Centre before different judicial forums.

Wide range of courts covered

The empanelment system extends well beyond appearances before the Supreme Court and High Courts. Advocates may also be selected to represent the government before district and subordinate courts, tribunals and other forums where the Union of India or its departments are parties to proceedings. The nature of government litigation means that different cases can require lawyers with specialised knowledge of particular areas of law. The provision allowing expertise to be considered is therefore intended to enable counsel to be selected according to the requirements of government departments and the cases they handle.

The guidelines come amid continuing scrutiny of the manner in which advocates are appointed to government panels. In December 2025, the Delhi High Court had sought the Centre’s response to a public interest litigation challenging the empanelment of more than 650 advocates as panel counsel for representing the Union before the Supreme Court. The petition had raised questions over the eligibility of some of those appointed, including allegations concerning clearance of the All India Bar Examination. The latest framework now formally spells out the considerations governing empanelment as the Centre seeks to maintain a pool of advocates for handling litigation before courts and tribunals across the country.