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| AG to be appointed within one month, J&K Govt assures HC | | | Early Times Report
JAMMU, Nov 6: In a significant development concerning the prolonged vacancy in the constitutional office of Advocate General, the Jammu and Kashmir Government has assured the High Court of Jammu & Kashmir and Ladakh that the appointment process is underway and a regular Advocate General will be appointed within one month.
The assurance was given before a Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal during the hearing of a Public Interest Litigation (PIL) filed by Advocate Harsh Dubey, seeking immediate steps to fill the vacant constitutional post.
Senior Additional Advocate General Monika Kohli, appearing for the Union Territory administration, submitted on instructions that the necessary appointment of the Advocate General was under process and would be made within a period of one month.
Taking note of the statement made on behalf of the Government, the Division Bench listed the matter for further consideration on December 8, 2026.
The PIL, registered as WP(C) PIL No. 12/2026, has been filed by Harsh Dubey, an advocate practising before the High Court of Jammu & Kashmir and Ladakh, seeking issuance of a writ of mandamus directing the competent constitutional authority to take immediate and effective steps for filling the post of Advocate General in accordance with law.
In his petition, Dubey contended that the continued vacancy of such an important constitutional office had serious ramifications for the administration of justice, effective conduct of Government litigation and discharge of various statutory functions in which the Advocate General plays a crucial role.
The petitioner submitted that the office of Advocate General for the Union Territory of Jammu and Kashmir is a constitutional office established under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, which provides that the Lieutenant Governor shall appoint a person qualified to be appointed a Judge of the High Court as Advocate General.
Under Section 79(2), the Advocate General is entrusted with advising the Government on legal matters and performing other duties of a legal character assigned under the law, while Section 79(3) confers the right of audience in all courts throughout the Union Territory.
According to the petition, the post had remained vacant for a considerable period, raising serious concerns regarding the effective discharge of constitutional, statutory and legal functions attached to the office.
Dubey submitted that he had addressed a representation dated August 22, 2026, to the Lieutenant Governor, Chief Minister and Chief Secretary, requesting immediate steps for the appointment of a regular Advocate General and highlighting the difficulties arising from the continued vacancy. However, alleging that no effective institutional action had been taken, he approached the High Court.
The petition further referred to proceedings in another case wherein the High Court had reportedly taken note of the vacancy in the Advocate General's office while examining the operation of Section 92 of the Code of Civil Procedure, 1908.
According to the petitioner, the Court had observed in those proceedings that the continued vacancy was rendering a statutory provision practically inoperative.
Highlighting the implications for the legal fraternity, the petition also raised concerns regarding the functioning of the Advocates' Welfare Fund Trustee Committee.
Dubey submitted that under Section 4(3)(a) of the relevant Advocates' Welfare Fund legislation, the Advocate General ordinarily serves as the ex officio Chairperson of the Trustee Committee, while a proviso empowers the appropriate Government to nominate a senior advocate as Chairperson where the office of Advocate General is vacant.
The petitioner contended that the prolonged vacancy was adversely affecting the functioning of the Trustee Committee, thereby impacting legitimate welfare claims and statutory functions concerning members of the Bar.
He further maintained that the continued non-appointment of an Advocate General was not merely an administrative issue but had wider implications for Government litigation, statutory responsibilities and the effective functioning of legal institutions.
The petitioner clarified that he had no personal, private, pecuniary or oblique motive in filing the PIL and was not seeking the appointment of any particular individual to the constitutional office.
His limited grievance, according to the petition, was that the competent constitutional authority should take appropriate, expeditious and meaningful steps to fill the post in accordance with law.
Through the PIL, Dubey sought directions requiring the respondents to initiate and complete the appointment process contemplated under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, within a reasonable time fixed by the Court.
He also prayed for appropriate measures to ensure the smooth and effective functioning of the Jammu and Kashmir Advocates' Welfare Fund Trustee Committee.
Additionally, the petitioner sought a direction requiring the authorities to file an affidavit explaining the reasons for the continued vacancy and disclosing the steps, if any, taken since the office fell vacant.
During the hearing on November 5, the Division Bench also considered CM No. 7467/2026, seeking modification of the array of parties. Allowing the application, the Court permitted substitution and directed the filing of an amended cause title.
However, the significant development came when Senior AAG Monika Kohli, on instructions from the Government, informed the Bench that the appointment process had already been initiated and that the Advocate General would be appointed within one month.
In view of the statement made before the Court, the Division Bench directed that the matter be listed on December 8, 2026.
Advocate Harsh Dubey appeared in person as the petitioner, while Senior Additional Advocate General Monika Kohli represented the Union Territory administration. (JNF) |
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