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Family and Personal Laws
Family and Personal Laws
Constitution of India - Arts. 162 & 73, 310 and 14 - Government and so also all public bodies are
trustees of the power vested in them - Discharge of the trust reposed in them in the best possible
manner is their primary duty Power to engage, employ or recruit servants, agents, advisors and
representatives must like any other power be exercised in a fair, reasonable, non-discriminatory and
objective manner - An action that is arbitrary has no place in a polity governed by Rule of Law apart
from being offensive to the equality clause guaranteed by Art. 14 of Constitution - Mandate of Art. 14
fully applicable Scope of judicial review
Advocates - Appointment Procedure -Government is free to formulate its own procedure -But it
should be linked to workload of court concerned so that large amounts of money are not wasted on
idle Law Officers Appointment of Government counsel should be based on merit and should be fair,
reasonable, transparent, and non-discriminatory.