CHANDIGARH: 30.01.2017. I tried to be torch
bearer on the issue of Appointment of Law Officers in the Advocate General Office
and successfully got the guidelines from Supreme Court on ‘the process of selection and assessment of merit of the candidates by
a credible process.’ And, the primary reason for flagging the issue was
that the ordinary Advocates sans money and political power were being ignored
while making selection. However, ironically, the whole exercise appears to have
gone into drain. On Wednesday the Punjab Assembly passed ‘The Punjab Law Officers (Engagement) Bill, 2017’, without any
discussion. The Act though passed with the object to engage the Law Officers in
the office of Advocate General, Punjab, in transparent, fair and objective
manner, but the Advocates sans money power and political power have again been
sidelined. The law does not prescribe the number of cases handled by an
Advocate but prescribes that for becoming a Law Officer his annual minimum income should be as follows:
Ø Rs. 20 Lakhs for becoming Senior Additional Advocate
General
Ø Rs.
15 Lakhs for Additional Advocate General
Ø Rs.
10 Lakhs for Deputy Advocate General
Ø Rs.
3,50,000/- for Assistant Advocate General
One wonders what object is
being sought to be achieved by fixing the income criteria for joining as a Law
Officer of the Govt.? I can understand the criteria of number of cases handled
by an Advocate. I know several Advocates, like me, who appear for poor clients
without charging substantial fee and other hand there are lawyers who charge
very heavily but will never offer free legal aid. The Constitution of India
also envisages the free legal aid to the poor clients and law also says that
the Law is a noble profession; not a money minting machine. Now, again the
Advocates disconnected from the causes of poor people will have privilege to
advise the Govt. and appear in the High Court on behalf of poor citizens and
these Law Officers may join the Judiciary. During my LLB study one of our
Professors used to say that, “Judges’ personal life always affects his
decisions” In the present context, I wonder, how the rich class of Advocates
would be able to do justice to the poor citizens, who are the justice seekers
in majority. I really wonder at the object sought to be achieved by creating
the income criteria for entering into the justice delivery system.
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