As per Article 165 of Constitution of India, it is Advocate General FOR the State not Advocate General OF the State –Advocate Hemant Kumar
CHANDIGARH (sursaanjh.com bureau), September 5:
If it is legally (read constitutionally) correct to mention Advocate-General (AG) for the State or else Advocate-General of the State? Well, a layman may consider both as similar but it is not for the lawmen. Today 5 Oct 2023, vide a Notification issued in the name of Governor of Punjab by the Department of Home Affairs & Justice, Gurminder Singh, a Senior Advocate at Punjab & Haryana High Court has been appointed as Advocate General for the State of Punjab with effect from the date he assumes charge of his office.
An Advocate at Punjab and Haryana High Court, Hemant Kumar, asserted that Article 165 (1) of Constitution stipulates that the Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State. Hence the word used therein is Advocate General for the State and not Advocate General of the State. Hemant last year wrote to Speakers of both Punjab and Haryana Legislative Assemblies to carry out due correction/ rectification in their respective Rule Books (read Rules of Procedure and Conduct of Business in the State Legislative Assembly) pertaining to definition of Advocate-General as currently existing therein.
Referring to Rule 2 of Punjab Assembly Procedure Rules which contains definitions, the Advocate raised objection that it is defined therein that Advocate-General means the person appointed Advocate-General of the Punjab by the Governor under Article 165 of the Constitution and shall have the same functions as given in Article 177 of the Constitution. I Similarly in Rule 2 of Haryana Assembly Procedure Rules which contains definitions, Advocate-General means the person appointed Advocate-General of Haryana by the Governor under Article 165 of the Constitution.
In view of the above, Hemant appealed to Speakers of both Punjab & Haryana Legislative Assemblies for effecting amendment (s) in definition of Advocate-General in Procedure Rule Books of both twin states of Punjab and Haryana in accordance with Article 165 of Constitution of India i.e. by substituting the word “of” with the word “for” thus mentioning therein Advocate-General for Punjab/Haryana in lieu of existing Advocate-General of Punjab/Haryana. Unfortunately, till date neither Punjab nor Haryana Legislative Assembly Secretariat has amended their respective Procedure Rules correcting the nomenclature of Advocate General therein in consonance with Article 165 of Constitution of India.
