Nine Months On, Jammu Kashmir Still Without Advocate General

SRINAGAR: Nearly nine months after the formation of an elected government in Jammu and Kashmir, the position of Advocate General, the Union Territory’s top law officer, remains conspicuously vacant, sparking widespread concern across the legal community, judiciary, and political leadership.

The prolonged absence has not only stalled judicial processes but also exposed the deepening rift between the Raj Bhavan and the Omar Abdullah-led government, with no resolution in sight.

The Jammu and Kashmir and Ladakh High Court has flagged the issue repeatedly in recent months. During a hearing on June 11 regarding the administration of the Shri Nav Durga Jhaleri Mata shrine, Justice Rahul Bharti decried the legal paralysis, noting that the absence of an Advocate General had effectively rendered Section 92 of the Civil Procedure Code defunct. “The office of Advocate General is in vacancy… leaving a live provision a dead letter of law,” the judge remarked. He further observed that the judiciary was compelled to intervene in matters involving deities — recognised under law as “perpetual minors” — in the absence of institutional legal representation from the government.

Back in April, the Jammu and Kashmir High Court Bar Association in Jammu had written to both Lieutenant Governor Manoj Sinha and Chief Minister Omar Abdullah, urging the immediate appointment of a new Advocate General. “Justice delayed is justice denied. And without an Advocate General, delay is all we are left with,” said Bar Association President K Nirmal Kotwal. He also underlined the effect of the vacancy on advocates themselves, pointing out that disbursements from the Advocates’ Welfare Fund have been stalled.

Legal observers say the vacuum is more than just procedural. “The Advocate General plays a critical role in advising the administration on constitutional matters, defending government action, and representing it in court,” said a senior High Court lawyer, speaking anonymously. “The absence of such counsel has already delayed important litigation, including challenges to the new reservation policy.”

According to sources, the deadlock stems from a deeper tussle over administrative control in Jammu and Kashmir. Former Advocate General DC Raina, who had served since November 2019 and steered the administration through the aftermath of Article 370’s abrogation, resigned shortly after the National Conference-led government took office in October 2024. Though Omar Abdullah reportedly asked Raina to continue, the Lieutenant Governor’s office never issued a formal extension. As a result, Raina resumed private practice after a brief waiting period.

Tensions between the two power centres have since sharpened. The CM and L-G have not met formally since the government took office. Disagreements over issues ranging from public holiday lists, which excluded Sheikh Abdullah’s birth anniversary and Martyrs’ Day, to the stalled appointment of the Chief Minister’s Advisor, Nasir Aslam Wani, have revealed a fractured governance structure.

The administrative ambiguity is compounded by the lack of clarity on governance rules post-reorganisation. While the Lieutenant Governor remains the final authority on transferring IAS officers, orders concerning state-level officers are being issued by both the elected government and Raj Bhavan, leaving bureaucrats uncertain about where authority lies. “Even though officials attend the CM’s meetings, they often take their cues from the L-G,” an NC leader admitted.

On social media, political leaders are expressing alarm. “Nine months into an elected government, J&K still has no Advocate General,” tweeted PDP youth leader and MLA Waheed Parra today. “At a time when critical constitutional matters stemming from August 5 are in courts, this vacuum is deliberate. In a border state facing cross-border threats, denying legal aid and advice stalls justice, accountability, and healing. Why delay?”