Non-Appearance of Panel Counsel in Court: Key Instructions Issued by Railway Board and Law Ministry
The Government of India has recently issued important directions to address a growing concern—non-appearance of panel counsel in court even after receiving official notices. This issue was highlighted by the Hon’ble Allahabad High Court, prompting both the Ministry of Law & Justice and the Ministry of Railways (Railway Board) to take corrective measures.
This article explains the key points from the latest circulars, their implications, and the responsibilities placed on government legal officers and panel counsel.
Background: High Court Flags Counsel Absence
The matter came to light after the Hon’ble Allahabad High Court noticed repeated instances where panel counsel failed to appear on behalf of the Union of India.
In Writ-C No. 22398 of 2025 (Shakeel Ahmed vs Ministry of External Affairs & Another), the Court observed that:
- The Office of the Additional Solicitor General had accepted the notice.
- Despite this, no counsel appeared for the Union of India on the scheduled date.
The Court expressed concern that such negligence affects the administration of justice and instructed that the order be communicated to the Ministry of Law for corrective action.
Law Ministry OM: Accountability for Counsel Absence
Following the Court’s observations, the Ministry of Law & Justice issued an Office Memorandum dated 23 September 2025 emphasizing the seriousness of the issue.
Key Highlights from the OM
- Non-appearance is a policy violation
The Law Ministry stated that when panel counsel fail to appear, it violates the terms and conditions under which they are engaged. - Government interests are compromised
Absence of counsel weakens the Union of India’s representation in court, potentially affecting outcomes in important legal matters. - Mandatory presence on all hearing dates
Concerned authorities—including the Central Agency Section, Branch Secretariats, Litigation Sections, and designated litigation in-charges (ASGI, DSGI, Sr. CGSCs, SGCs)—must ensure that panel counsel attend every hearing without fail. - Action against defaulting counsel
If a panel counsel is found absent despite notice, their names must be reported to the Department of Legal Affairs for appropriate action.
The OM was issued with the approval of the Hon’ble Minister of State (Independent Charge) for Law & Justice.
Railway Board Circular: Directions to All Railways and Units
The Railway Board, through its circular dated October 2025, forwarded the Law Ministry OM to:
- All Indian Railways
- All Production Units
The circular directs them to take immediate and necessary action, ensuring full compliance with the Ministry of Law’s instructions.
This step reinforces the responsibility of Railway legal cells and panel counsel to maintain presence in all court matters involving the Railways or the Union of India.
Why This Issue Matters
1. Protecting Government Interests
Every court case involving the Union of India holds administrative and financial implications. Non-appearance of counsel can lead to:
- Ex-parte orders
- Delays
- Weak defense
- Negative judicial observations
2. Ensuring Accountability
The new directives stress that legal responsibility does not end with receiving court notice—it includes being present, prepared, and responsive in court.
3. Strengthening Legal Administration
Both departments aim to improve coordination, professionalism, and punctuality within the government’s legal framework.
Conclusion
The recent instructions issued by the Ministry of Law & Justice and the Railway Board mark a significant step toward ensuring accountability in government litigation. With clear expectations and consequences, these directives aim to eliminate the recurring issue of non-appearance of panel counsel in court and safeguard the legal interests of the Union of India.