(20) Engagements of Lawyers in cases against the Union - Page 1042

PARLIAMENTARY DEBATES 1023

(20)
* ENGAGEMENTS OF LAWYERS IN CASES AGAINST THE UNION

709. Shri Kazmi: Will the Minister of Law be pleased to state :

(a) the procedure for the engagement of legal practitioners in the procedings in Courts of the cases against the Union of India;

(b) whether the remuneration; and

(c) whether the Attorney General for India, the Advocate General of State or Government Pleader of locality is consulted on such appointments, and if not, what are the reasons therefor ?

The Minister of Law (Dr. Ambedkar): (a) In all Part A States, the legal business of the Central Government is generally undertaken by the State Governments, by mutual agreement, and is conducted by the Legal Remembrancer of the State and other law officers under his control such as the District Government Pleaders. In the Presidency towns of Bombay and Culcutta we have our own Solicitors to attend to this work. Certain departments like the Railway and Incomtax Departments also make their own arrangements for conducting their cases in the courts. The Central Government have appointed all District Government Pleaders in Part A States as Government Pleaders in relation to any suit by or against the Central Government, excluding cases relating to railways. No standing arrangements have yet been made in Part B States, while in Part C States, the Chief Commissioners are authorised to make the necessary arrangements.

(b) Except where special rates are agreed upon, the Government Pleaders conducting the Central Government cases are paid fees at the same rates as are admissible to them for conducting cases on behalf of the State Governments which employ them.

(c) As stated in the reply to part (a) of the question, as a general rule, the District Government Pleaders also act as