Advocate General Post Vacant for Over a Year in J&K,
Vacant Advocate General Post Raises Constitutional Questions in J&K
Srinagar, Dec 13: Ishfaq Gowher : Jammu and Kashmir has been functioning without an Advocate General for more than thirteen months, a situation that has raised serious constitutional, legal and administrative concerns and drawn strong observations from the High Court as well as members of the legal fraternity.
The post of Advocate General, the chief legal officer of the Union Territory, fell vacant on October 18, 2024, following the resignation of the then incumbent after the formation of an elected government. Despite the passage of over a year, no formal appointment has been notified, leaving the office unoccupied and key statutory processes affected.
The prolonged vacancy came under judicial scrutiny earlier this year when the Jammu and Kashmir and Ladakh High Court observed that the absence of the Advocate General had rendered certain legal provisions ineffective. During a hearing, the court noted that statutory sections requiring the Advocate General’s sanction or intervention were practically non-functional, creating a legal void in governance and litigation.
One such provision is Section 92 of the Code of Civil Procedure, which empowers only the Advocate General to initiate legal proceedings concerning public religious and charitable trusts. The court questioned how the Union Territory could continue to operate when essential statutory mechanisms were stalled due to the absence of its principal law officer.
Legal bodies have also expressed concern over the delay. Bar associations have formally urged the authorities to ensure immediate appointment, stating that the lack of an Advocate General has adversely impacted government representation before the High Court, delayed statutory approvals, and hindered several legal and welfare-related processes.
According to the Jammu and Kashmir Reorganisation Act, 2019, the Advocate General is appointed by the Lieutenant Governor and is required to advise the government on legal matters and represent it in courts. Procedural rules mandate that the proposal for appointment be processed through the Department of Law and routed for approval as per prescribed channels.
Meanwhile, differing accounts have emerged from the administration. While some officials maintain that no formal proposal has been placed before the Lieutenant Governor, leaders of the elected government have publicly pointed to governance challenges and overlapping authority under the Union Territory framework.
As the vacancy continues, legal experts warn that temporary arrangements cannot substitute a constitutionally mandated Advocate General. For citizens, the impact is increasingly visible in delayed adjudication of cases involving government authorities and stalled statutory proceedings.
More than a year on, the absence of an Advocate General remains unresolved, highlighting a critical gap in Jammu and Kashmir’s legal and administrative structure.
