Srinagar, Dec 13, KDC: The constitutional post of Advocate General (AG) in the Union Territory of Jammu and Kashmir has remained vacant for more than 13 months, despite repeated concern expressed by the High Court and the legal fraternity.
The prolonged absence of the Advocate General, the principal law officer of the government, has created what the High Court earlier this year described as a legal vacuum, with the court observing that key statutory provisions have effectively been rendered a “dead letter of law”, impacting statutory functioning, court proceedings and government litigation across the Union Territory.
The Advocate General post fell vacant on October 18, 2024, after the then incumbent DC Raina resigned following the formation of the Omar Abdullah led elected government. Though Raina was reportedly asked by the Chief Minister to continue temporarily, his continuation did not receive formal clearance, and no fresh appointment has been notified since, leaving the office unoccupied.
The issue came under sharp judicial focus during a High Court hearing on June 11, 2025, related to the administration of a religious shrine. During the proceedings, the Jammu and Kashmir and Ladakh High Court observed that Section 92 of the Code of Civil Procedure, which authorises only the Advocate General to institute suits concerning public religious and charitable trusts, had been rendered a “dead letter of law” due to the prolonged vacancy.
The court questioned how long the Union Territory could function without appointing its constitutional law officer and recorded that statutory mechanisms dependent on the Advocate General were being effectively paralysed.
Earlier this year, the Jammu and Kashmir High Court Bar Association (Jammu) wrote to both Lieutenant Governor Manoj Sinha and Chief Minister Omar Abdullah, urging the immediate appointment of an Advocate General.
In its representation, the Bar stated that the prolonged delay was hindering effective legal representation of the Union Territory before the High Court, adversely affecting statutory proceedings requiring the AG’s approval, and stalling disbursement of benefits under the Advocates’ Welfare Fund, as the Advocate General is an ex officio member of the Welfare Fund Committee, leaving numerous welfare claims and administrative files pending.
Senior members of the Bar have consistently maintained that the absence of the Advocate General has led to delays in statutory suits, slower decision making in public interest matters, and increased pressure on the High Court, which is often required to proceed without full or consistent government representation.
Under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, the statutory framework governing the appointment of the Advocate General is explicitly laid down. The provision, as per news agency Kashmir Dot Com, states that “the Lieutenant Governor shall appoint a person who is qualified to be appointed a Judge of the High Court, to be Advocate General for the Union territory of Jammu and Kashmir.”
The law further provides that “it shall be the duty of such Advocate General to give advice to the Government of the Union territory of Jammu and Kashmir upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Government of the Union territory.”
It also specifies that “the Advocate General shall hold office during the pleasure of the Lieutenant Governor, and shall receive such remuneration as the Lieutenant Governor may determine.”
The provision does not assign any formal role to the Union Territory Legislature, the Chief Minister or the Council of Ministers in the appointment itself.
Alongside the parent statute, the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, introduce procedural requirements. These Rules were notified by the Union Ministry of Home Affairs and published in the Gazette of India on August 27, 2020, and were subsequently amended on February 28, 2024.
As part of the 2024 amendment, Rule 42A was inserted after Rule 42. Rule 42A, according to Kashmir Dot Com, provides that the Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of the Advocate General and other Law Officers to assist the Advocate General in court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister. The rule lays down the routing of the proposal but does not alter the statutory appointing authority vested in the Lieutenant Governor under Section 79 of the Reorganisation Act.
Separately, the Advocate General vacancy has coincided with a broader dispute over a draft set of Transaction of Business Rules framed by the elected government after assuming office. These draft Rules, distinct from the already notified 2019 Rules and their 2024 amendment, were approved by the Jammu and Kashmir Cabinet and forwarded to the Lieutenant Governor for concurrence.
Earlier this year, the Lieutenant Governor returned the Cabinet-approved draft Business Rules, stating that certain provisions were contrary to the Reorganisation Act, 2019. The Cabinet later addressed the objections and resubmitted the document in its original form. However, these draft Rules have not yet been notified, leaving executive functioning to continue under the existing statutory framework.
In July this year, the Union Ministry of Home Affairs also amended the Jammu and Kashmir Reorganisation Rules, clarifying and expanding the discretionary powers of the Lieutenant Governor in several matters of administration and governance under the 2019 Act.
Sources in the Raj Bhavan have rejected allegations of delay in the appointment of the Advocate General, stating that no proposal or file relating to the post is pending with the Lieutenant Governor. According to these sources, no formal recommendation has been forwarded by the elected government, and the process can move forward only after a proposal is received in accordance with the prescribed procedure.
Chief Minister Omar Abdullah has earlier stated publicly that the Advocate General has not been allowed to function and remarked that Jammu and Kashmir is possibly the only state or Union Territory without an Advocate General appearing in court. He has linked the issue to broader governance challenges arising from what he described as ambiguity in authority under the Union Territory framework.
Deputy Chief Minister Surinder Choudhary has described the situation as a result of dual power centres, stating that statutory appointments expected under an elected government were facing delays due to overlapping administrative control.
People associated with the judiciary have repeatedly stressed that temporary legal arrangements cannot substitute a constitutionally appointed Advocate General. For citizens, the impact has manifested in delayed adjudication of cases involving government authorities, particularly where statutory intervention by the Advocate General is mandatory.
As of December 2025, the Advocate General post remains vacant, the draft Transaction of Business Rules framed by the elected government remain unsettled, and governance in Jammu and Kashmir continues to be carried out strictly under the Jammu and Kashmir Reorganisation Act, 2019. (KDC)
