Gurminder Singh’s Tenure as Punjab Advocate General: A Legal and Political Retrospective

Gurminder Singh's tenure as the Advocate General (AG) of Punjab was marked by a series of significant legal battles and challenges that shaped the state's legal and political landscape. Appointed as the third AG under the Aam Aadmi Party (AAP) government, Singh brought over three decades of legal experience to the role. His tenure was characterized by involvement in high-profile cases, including election disputes and constitutional debates, reflecting the complexities of governance and law in Punjab.

Election Disputes and Democratic Processes

One of the most contentious periods during Singh's tenure was the Panchayat elections, which saw over 1,200 petitions filed in the Punjab and Haryana High Court. These petitions alleged arbitrary rejection of nomination papers, raising concerns about the fairness of the electoral process. Singh represented the state, assuring the court of the government's commitment to upholding democratic principles. Initially, the High Court granted an interim stay on the elections; however, following Singh's defense, the stay was vacated, allowing the elections to proceed. The matter escalated to the Supreme Court, which declined to impose a stay, thereby endorsing the continuation of the democratic process.

Further allegations surfaced accusing the Punjab government of misusing administrative power to influence Municipal elections. Petitioners claimed that government authorities, in collaboration with ruling party supporters, destroyed nomination papers of opposition candidates, with law enforcement allegedly complicit through inaction. In response, Singh informed the court that the state had decided to defer elections in certain wards of Patiala and Dharamkot, where these incidents were reported. Consequently, the court refrained from staying the elections, highlighting the delicate balance between legal intervention and electoral processes.

Sub-classification Within Scheduled Castes

A landmark moment during Singh's tenure was his involvement in the Supreme Court's deliberation on the sub-classification within Scheduled Castes (SCs). The court, in a 6-1 verdict, upheld the permissibility of sub-classifying SCs to allocate separate quotas for the more marginalized groups within the category. Singh opened the arguments, engaging the bench on the socio-legal intricacies of India's caste system. He emphasized that reservations are not acts of benevolence but compensatory measures for historical injustices. Singh articulated the need to recognize the varying degrees of backwardness within SCs to ensure equitable distribution of benefits, a perspective that resonated with the court's final judgment.

Legal Setbacks and Resignation

Despite his efforts, Singh's tenure was not without its challenges. The Punjab government faced several legal setbacks in the High Court, notably concerning the dissolution of gram panchayats and the implementation of the home delivery of wheat flour scheme. In the gram panchayat case, the government had to retract its notification dissolving all gram panchayats, leading to the suspension of two senior IAS officers deemed responsible for the flawed decision. Similarly, the home delivery scheme faced legal hurdles when fair price shop owners contested it, resulting in the scheme's suspension. These setbacks highlighted the complexities of policy implementation and legal compliance.

In October 2023, Singh resigned from his position, citing personal reasons. His resignation marked the third departure of an AG since the AAP government assumed power in March 2022. Singh's successor, senior advocate Gurminder Singh, was appointed following his resignation. The frequent changes in the AG's office underscored the volatile nature of the state's legal and political environment during this period.

Conclusion

Gurminder Singh's tenure as Punjab's Advocate General was a period marked by significant legal battles that tested the state's commitment to democratic principles and social justice. His involvement in high-profile cases, particularly those concerning electoral integrity and caste-based reservations, reflected the intricate interplay between law and society in Punjab. While his tenure faced challenges and concluded with his resignation, Singh's contributions to the state's legal discourse remain noteworthy, offering insights into the evolving dynamics of governance and jurisprudence in Punjab.