THE appointment of the advocate-general (A-G) in Punjab has triggered a debate about his constitutional role and powers in a state’s administration. The A-G handles the legal matters of the state government. As per a well-established constitutional convention and practice, the chief minister installs his own man in the office of A-G.
A few days ago, the governor of Punjab appointed APS Deol as the new A-G. The appointment comes after the earlier A-G, Atul Nanda, quit after the resignation of CM Captain Amarinder Singh who had appointed him.
Under the constitutional scheme of things, Article 165 deals with the office of the A-G in a state. This provision corresponds to Article 76 that deals with the office of the attorney-general for the Union government. The only difference between these two articles is the absence of clause (3) of Article 76 which gives a right of audience to the attorney-general in all courts throughout India. But no such right is available to the AG.
The governor appoints a person who is qualified to be a judge of the High Court as the A-G on the advice of the chief minister. The age limit of 62 years for judges of High Courts, however, does not apply to the appointment of the A-G. The principal duty of the A-G is to advise the state government on legal matters referred or assigned to him. He holds his office during the pleasure of the governor and receives such remuneration as the governor determines. Admittedly, the A-G has no security of tenure, and the governor can remove him any time on the advice of the chief minister without assigning any reason.
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