Govt assures HC of appointing Advocate General within one month

07/11/2026

JAMMU, Nov 6: The Jammu and Kashmir Government has assured the High Court of Jammu & Kashmir and Ladakh that a regular Advocate General will be appointed within one month, bringing hope of an end to the prolonged vacancy in the constitutional office.
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) seeking directions for filling the post.
Senior Additional Advocate General Monika Kohli, appearing for the Union Territory administration, submitted that the appointment process was underway and the Advocate General would be appointed within a month.
Taking note of the Government's submission, the Bench listed the matter for further hearing on December 8, 2026.
The PIL, filed by advocate Harsh Dubey, who appeared in person, seeks directions to the competent authorities to take immediate and effective steps for filling the vacant constitutional post in accordance with law.
The petitioner contended that the prolonged vacancy had wider implications for the administration of justice, effective conduct of Government litigation and discharge of statutory responsibilities entrusted to the Advocate General.
Referring to Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, the petition stated that the Lieutenant Governor is empowered to appoint a person qualified to be appointed as a High Court judge as the Advocate General. The office-holder is responsible for advising the Government on legal matters and performing other duties of a legal character assigned under the law. The Advocate General is also entitled to a right of audience in all courts throughout the Union Territory.
The petitioner submitted that he had earlier approached the Lieutenant Governor, Chief Minister and Chief Secretary through a representation dated August 22, 2026, highlighting the need for an early appointment. However, alleging that no effective action had followed, he approached the High Court.
The PIL also highlighted the implications of the vacancy for the Jammu and Kashmir Advocates' Welfare Fund Trustee Committee, pointing out that the Advocate General ordinarily functions as its ex-officio Chairperson under the relevant legislation.
It further referred to the statutory responsibilities associated with the office and expressed concern that the continued vacancy could affect the smooth functioning of legal institutions and the welfare-related claims of members of the Bar.
The petitioner maintained that the issue was not merely administrative but involved the effective functioning of constitutional and statutory institutions. He clarified that the PIL was not aimed at securing the appointment of any particular individual but sought timely action by the competent authority in accordance with law.
During the proceedings, the Division Bench also allowed CM No. 7467/2026, seeking modification of the array of parties, and permitted substitution of the parties with a direction to file an amended cause title.
In view of the Government's assurance regarding appointment within one month, the Court listed the PIL for further consideration on December 8, 2026.
Advocate Harsh Dubey appeared in person, while Senior Additional Advocate General Monika Kohli represented the Union Territory administration.

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