Srinagar, Sep 8: The post of Advocate General of Jammu and Kashmir has remained vacant for nearly two years, with Chief Minister Omar Abdullah saying he has raised the issue with Union Home Minister Amit Shah as part of several matters pending between the J&K government and the Centre.
The vacancy followed the resignation of then Advocate General D.C. Raina in October 2024. An RTI response issued by the J&K Department of Law, Justice and Parliamentary Affairs in December 2025 stated that Raina’s resignation had not been formally accepted and that no proposal had been initiated for appointment of a new Advocate General at that stage.
Under Section 79 of the Jammu and Kashmir Reorganisation Act, 2019, the Advocate General is appointed by the Lieutenant Governor. The person appointed must be qualified to be appointed as a judge of the High Court.
The Act assigns the Advocate General the duty of advising the J&K Government on legal matters and performing such other legal duties as may be assigned by the government. The Advocate General also has the right of audience in all courts in the Union Territory.
The prolonged vacancy has not brought government litigation to a halt. The administration continues to be represented before the High Court by Senior Additional Advocate Generals, Additional Advocate Generals, Deputy Advocate Generals and Government Advocates, and several law officers have been appointed during the period.
However, the absence of the Advocate General has affected functions specifically linked to the office.
In a June 2025 case concerning the administration of a public charitable and religious trust, the J&K and Ladakh High Court took note of the prolonged absence of an Advocate General. The court observed that Section 92 of the Code of Civil Procedure, which involves the Advocate General in proceedings concerning public charitable or religious trusts, could not effectively operate in the absence of the office being filled.
Records reveal that the Jammu and Kashmir High Court Bar Association, Jammu, had also urged the authorities in April 2025 to appoint an Advocate General, stating that the vacancy was affecting the functioning of the Advocates’ Welfare Fund Committee, of which the Advocate General is an ex-officio member. The Association said welfare claims were awaiting consideration.
The reason for the continued vacancy has remained unclear in official public disclosures. Reports in January 2025 had indicated differences between the elected government and the Lieutenant Governor’s office over the continuation of D.C. Raina, with the Omar Abdullah government favouring his continuation.
The December 2025 RTI response provided another significant detail, stating that no proposal for appointment of a new Advocate General had been initiated even though the post was described as vacant
The issue resurfaced on Monday when Omar Abdullah said he was in touch with the Home Minister over several unresolved matters, including the appointment of the Advocate General.
Insiders reveal that the Union Home Ministry and the Lieutenant Governor’s office have not so for publicly provided a detailed explanation for why the post has remained vacant for such a prolonged period.
Meanwhile, the official website of the Advocate General’s Office continues to display D.C. Raina as Advocate General, although the Law Department’s RTI response had stated that the post was vacant. [KNT]
