ISHFAQ GOWHER

Srinagar | April 16, 2025 : More than six months have passed since Jammu and Kashmir’s Advocate General (AG) tendered his resignation in October 2024, and yet, the Union Territory continues to remain without a functioning Advocate General or a designated legal team. The government has neither appointed a new AG nor filled the vacant posts of Additional Advocate Generals (AAGs), Deputy Advocate Generals (DAGs), or Government Advocates (GAs), leaving the official legal representation of the administration in courts completely paralyzed.
The unprecedented delay in these appointments has sparked concern among legal experts, former judges, and civil society members, who say the continued vacuum is severely hampering government litigation and eroding public faith in the justice delivery system.
Legal sources within the Jammu and Kashmir High Court reveal that multiple cases involving the UT administration have suffered due to the absence of legal officers authorized to represent the government. Cases are either being adjourned or poorly defended, affecting not only the state’s position but also delaying relief for the public.
“The Advocate General is the highest law officer of the state. When this post is vacant for more than half a year — and there’s no supporting legal team either — it leads to legal paralysis. The courts are left with no option but to defer important cases,” said a senior High Court lawyer on condition of anonymity.
Legal insiders say that in several recent hearings, judges have questioned the absence of a state legal representative, and in some cases, even recorded the lack of appearance on behalf of the administration.
Further compounding the crisis is the lack of appointments in the Jammu and Kashmir High Court, which currently has 10 judge vacancies out of a sanctioned strength of 17. Despite multiple reminders and proposals, the Supreme Court Collegium and the Union Law Ministry have not moved forward on appointments, exacerbating pendency and delaying justice in both Jammu and Srinagar wings of the High Court.
“Judges are overburdened. Cases are piling up. Litigants are waiting for years, and now even the government’s voice in court is missing. This is administrative neglect at its peak,” said a retired High Court judge.
While speculation is rife about the delay — ranging from political indecision, bureaucratic hold-ups, to the Centre’s tight grip over J&K’s institutional framework — no official explanation has been provided by the Lieutenant Governor’s administration or the Union Law Ministry.
Observers note that such delays are rare even in other Union Territories or states. “In any other part of the country, this kind of administrative vacuum would have made headlines. But J&K seems to be operating under a different rulebook,” commented a constitutional law expert from Delhi University.
The situation is made worse by the absence of an elected legislative assembly in Jammu and Kashmir, which has not seen elections since 2018. With all major decisions — from judicial appointments to administrative policies — being taken by bureaucrats and centrally-appointed officials, there is a growing sense of democratic deficit in the region.
Without an AG, the UT lacks not only a legal representative in court but also a crucial legal advisor to the government on policy, legislation, and governance matters.
Legal bodies, bar associations, and senior advocates have started voicing concerns. There are growing murmurs for the government to act with urgency, especially with several PILs and constitutional matters pending before the High Court.
“If there is no Advocate General, no team of AAGs or DAGs, and no appointment of judges, what does that say about the government’s priorities? This is not just apathy — it’s administrative negligence with serious consequences,” said Advocate Aijaz Ahmad, a member of the J&K High Court Bar Association.
As of mid-April 2025, Jammu and Kashmir continues to function without its top law officer. With legal cases piling up, judicial benches overburdened, and the government absent from courtrooms, the Union Territory’s legal system appears to be in a state of suspension.
The question being asked now, not just in courtrooms but on the streets, is: Why is Jammu and Kashmir being treated differently — and how long will this neglect continue?