OFFICE OF ADVOCATE GENERAL IS NO ORDINARY POSITION.

By Aires Rodrigues

The Advocate General of a State is a very high Constitutional authority appointed under Article 165 of our constitution. The Office of the Advocate General is an exalted one. He is the supreme law officer of the State Government. Alike some other constitutional posts the selection of the Advocate General must also be through a high level committee so that the best legal brain in the State is selected. The appointment should not be politically motivated as the Advocate General represents the entire State and should have the gumption to tell the government of any wrong or malafide decision it takes. He is expected to give invaluable legal guidance to the State Government in formulation of its policy and execution of its decisions. India has seen some controversial and a few outstanding AGs

On August 6, 1998 Orissa’s controversial Advocate General Indrajit Ray quit as the demand for his dismissal had been a major issue for all Opposition political parties in the state after having been charge sheeted by the Central Bureau of Investigation in a molestation case.

In November 2004 the removal was sought of Kerala’s Advocate General, Ratna Singh, for his alleged links with the mafia. It was alleged that a lottery mafia, a sex mafia and a bail mafia were in operation at the Advocate General's office and there was a demand that there should be an independent inquiry into the activities of these mafia groups and the way they obstructed justice.

As India’s highest paid Advocate General the allegations against Subodh Kantak included the over billing in the Saleli case. As AG, Kantak had appeared in the High Court on 27th January 2006 in the Saleli case bail applications of 102 accused. Though it was a common argument for the batch of bail applications, Kantak raised a bill and was paid 102 times Rs. 8000 i.e. Rs. eight lakhs sixteen thousand. On the other charges of professional misconduct against him the less said the better. With two complaints pending against him before the Bar Council of Maharastra and Goa, anyone having some self-respect would have immediately put in his papers. It was only the ignominious defeat of the Congress government at the recent Assembly polls that forced Subodh Kantak’s exit.

Along side the controversial ones India has had some very outstanding Advocate Generals too. J M Thakore, Gujarat's advocate-general since 1960 has been the nation’s longest serving Advocate General. He worked under 27 state governments and 13 chief ministers, interspersed with five spells of President's rule. Mr. Thakore had the unique and remarkable distinction of holding the post of Advocate-General of Gujarat from the day the state was formed till his death, a period of over forty years. His fierce independence, dedication to the profession and unimpeachable conduct ensured that successive governments of widely differing political ideologies continued to allow him to hold the post of AG.

H.M. Seervai, India’s most outstanding lawyer, jurist and scholar in constitutional law was Advocate-General of Maharashtra for 17 years (1957 to 1974). Seervai’s total disconnection from politicians and politics was his greatest strength. He dedicatedly defended Government in Court but declined to defend government policies which he felt were against his convictions. Seervai maintained the high stature of his office because he was not a political appointee and did not consider himself one. Governments came and went but Seervai was not called upon to resign by the new government. For more than 50 years, Seervai was not only the country’s leading constitutional lawyer, but also a great scholar being the author of various works on Constitutional Law and is even today referred to as an authority in Courts. He achieved an exceptional stature and influence in public life by his inflexible integrity, strong courage and conviction. Seervai was quite unconcerned towards financial rewards in the profession and had contempt for lawyers who prided themselves in having a lucrative practice. Lucrative, according to him meant greed for gain. Once asked if it would be wrong to take high fees if clients were willing to pay them, Seervai retorted, “If a man was willing to be robbed would you be a thief?”

A Retired Judge of Madras High Court N. V. Balasubramaniam not long ago candidly remarked ‘It is easier to become a judge of a high court than an Advocate-General as it is difficult to get that post unless one is a qualified and a very meritorious person’. This sadly is not always the reality.

(the writer can be contacted on 9822684372 or airesrodrigues@yahoo.com)

OBITUARY.

OBITUARY.

Guardian Angel Club - Kuwait, announces with deep sorrow passing away, one of the pillars of Konkani Tiatr REMMIE COLACO, who expired this (22/03/2012) morning in Curchorem-Goa.

Our prayers and condolences to his sorrowing wife Juliet, daughters and family members.

May the almighty GOD grant his soul internal peace.

Cajetan de Sanvordem,
President,
Guardian Angel Club (Kuwait).