Govt Panel Lawyers Are Appointed On Party Lines, Not Actual Merits : Justice Manmohan

Justice Manmohan of the Supreme Court today said that the judicial system is criticised for far too many things, but questioned if that very system is fair to the judge. He was speaking in the context of panel advocates appointed by the government to deal with government cases. He remarked that such advocates are virtually appointed based on their political inclination and aren't fully able to assist the Courts.

"Are they recruited on actual merits? Let's take the case of Delhi...Panel lawyers are virtually recruited on party lines, unfortunately. Does a judge get proper assistance to decide a case on complex issues? And yet, because his name is attached to the judgment, he will try to do his best. He will have to do work on his own. He will have to do the research on his own. Is the system being fair to the judge?"

Justice Manmohan was speaking on 'From Pendency to Prompt Justice: Rethinking Justice Delivery In Indian Courts' at the 1st Supreme Court Bar Association National Conference 2026.

He also criticised the government for filing frivolous pleas which they knew would be dismissed. He added a caveat that actually, the law officer has no option because if he does not file the appeal, he will be haunted by the investigating agency.

"There is mistrust in the system. As was pointed out, if an officer genuinely writes that no appeal needs to be filed, he could be haunted by the police, CBI, or by an investigative agency. He says why should I take the burden on myself? Better file an appeal and get it dismissed. As a result, the courts are getting cloaked."

Justice Manmohan also spoke about how the recent legislations are being enacted without any deep study as to its impact assessment. He referred to one amendment brought to the Negotiable Instruments Act, which he said has contributed to 45% of the litigation in the Delhi trial courts.

Similar, he said, is the case with the Insolvency and Bankruptcy Code, which has resulted in most than 7,000 cases pending before the NCLT.

"There are a large number of statutory amendments being done which says that a judge will hear a matter on the day-to-day basis. Let us take the case of sexual offences. But if a judge on his board has 1200 cases, how do you expect the judge to take the case on day to day basis? You are sitting in timelines which are bound to be impeached from day 1. Why have these laws when they are not going to be observed?"

Justice Manmohan concluded by remarking that we can't move forward by calling the judiciary "obstructionist." He said that all of us must work together in order to achieve Viksit Bharat.

He was apparently referring to the remark made by economist and PM's Economic Advisory Council member Sanjeev Sanyal, who last year had described the judiciary as the “biggest hurdle” in India's journey towards becoming Viksit Bharat.

Sanyal was also present at the conference.