Jharkhand High Court Strikes Down Rule 3(7), Upholds Autonomy of Statutory Bodies

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Ranchi, October 28, 2026: The Jharkhand High Court has struck down Rule 3(7) of the Jharkhand Law Officers (Engagement) Rules, 2026, declaring it unconstitutional, vague and arbitrary. A division bench comprising Chief Justice M. S. Sonak and Justice Manoj Prasad ruled that the state government cannot curtail the autonomy of statutory bodies through executive orders. The provision prevented boards, corporations, municipal bodies and other autonomous institutions receiving government financial assistance from independently appointing lawyers to represent them in court. Instead, they were required to select advocates from the government panel through the Advocate General.


The court upheld the requirement of 15 years of legal experience for the posts of Senior Additional Advocate General and Additional Advocate General, and 20 years for the relevant position in the Supreme Court. It also upheld the restriction preventing Law Research Officers from handling private cases or appearing in court during their tenure to avoid conflicts of interest and protect the confidentiality of government work. The bench also rejected the objection that advertisements issued by the Law Secretary, rather than the Advocate General, undermined the dignity of the Advocate General’s office.


However, the High Court expressed serious concern over the monthly honorarium of Rs 20,000 paid to Law Research Officers. The court noted that the minimum monthly wage for a highly skilled worker in the Ranchi Municipal Corporation area is Rs 21,336, which is higher than the honorarium paid to the officers. While it did not cancel the fee notification dated July 24, 2026, the court directed the state government to reconsider increasing the honorarium and take a decision within three months. The bench observed that the government, as a model employer, should not take advantage of the circumstances of young lawyers.

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