The article revolves around a recent ruling by the High Court of Madras that reservation isn’t necessary in the appointment of legal officers. Instead, these appointments should be solely based on merit. The court argues that the government should engage only highly proficient, capable lawyers to represent it before courts of law.
Understanding the Verdict
This verdict was provided while dismissing a PIL petition filed, insisting on transparency and adequate representation for women, the Scheduled Caste, the Scheduled Tribe, and the minorities in the appointment of law officers.
The petitioner argued that the Appointment of Law Officers of the High Court of Madras hadn’t offered any vertical or horizontal reservation. However, the Division Bench noted that the relationship between a lawyer and their client is governed by the doctrine of Uberrima Fides (utmost good faith). It was also pointed out that a law officer’s relationship with the government is purely professional and they aren’t government employees. Thus, providing reservation during their appointment is unnecessary.
The Doctrine of Uberrima Fides
This Latin phrase implies “utmost good faith.” As per this principle, an advocate should always work in the best interest of their client.
Rules and Judgements Related to Reservation in Public Employment
As per the Office Memorandum issued by the DoPT in 2021, reservations should apply even for contractual or temporary positions unless they last less than 45 days. In contrast, the Supreme Court ruled in Indra Sawhney’s case in 1992 that not all roles required reservations. Law officers’ positions were cited as examples. In 2022, Justices Nageswara Rao, Sanjiv Khanna, and B.R. Gavai emphasized that state governments must provide measurable data to justify reservation policies.
Reservation in India: Constitutional Provisions
Articles 15(4) and 16(4) of the Constitution allow State and Central Governments to reserve seats in government services for the members of the SC and ST communities. The Constitutional 81st Amendment Act, 2000 inserted Article 16 (4B) which enables the state to fill the unfilled vacancies of a year reserved for SCs/STs in the succeeding year. The constitution’s Article 335 states that the claims of STs and STs must be considered along with maintaining administrative efficacy.
Role of Advocate General
Under Article 165 of the Constitution, each State’s Governor appoints a person qualified to be appointed as a High Court Judge to the position of Advocate General for the State. This highly ranked legal officer possesses the authority to present himself in any court within the state. Despite not having voting rights in state legislature proceedings or committees initiated by it, he retains the right to speak and participate in these forums.
The article concludes with previous year questions related to this topic from the UPSC Civil Services Examination. These questions, both at Prelims and Mains, are aimed at testing candidates’ understanding of various aspects related to reservation, the role of Advocate General, and other related constitutional provisions.