9 May 2022
Leaving the position of Advocate General vacant is illegal, according to the Allahabad High Court.
The court noted that; the state of Uttar Pradesh has failed to accept the existing Advocate General’s resignation and ordered the state to make a decision within a week.
The Allahabad High Court’s Lucknow bench voiced its concern on Friday with; the state government’s failure to make a decision on the appointment of a new Advocate General (AG) for the state; after incumbent AG Raghvendra Singh resigned. [Union of India vs. Ramakant Dixit]
While observing that; the State administration has yet to accept Singh’s resignation, a division bench of Justices Devendra Upadhyay and Subash Vidyarthi stated that; any vacancy in the office of a constitutional functionary results in an “unpleasant” scenario.
“We’ve already established that; the position of Advocate General cannot be left vacant. Any vacancy in the office of a constitutional functionary could lead to a very unpleasant scenario, which would be entirely unacceptable not only in terms of our constitution’s framework but; also in terms of the Advocate General’s many statutory tasks “the Court remarked
The bench hearing the public interest litigation (PIL) case filed; by attorney Ramakant Dixit, who requested that; the state government appoint a new Attorney General.
The Court transformed the plea to a suo motu case and registered it under; the subject title “Suo Motu PIL in re: Appointment of/Vacancy in the office of Advocate General” because of the gravity of the matter.
In addition, the Court named counsel Satish Chandra ‘Kashish’ as an Amicus Curiae in the case.
The current Attorney General, Raghavendra Singh, has resigned, but the state has yet to make a decision. The judgment pointed out that; the Attorney General, who is appointed under Article 165 of the Indian Constitution, is responsible for not just constitutional obligations but; also statutory functions and duties prescribed by numerous laws.
It reported that; the current Advocate General offered his resignation, but it rejected. As a result, the real scenario arises is that; the Advocate General’s office is currently vacant “According to the decree of May 6,
The State’s Chief Standing Counsel requested two weeks to take instruction, but the Court granted one week due to the seriousness of the subject.
“We believe that; the time requested by the State through; the Chief Standing Counsel is more than sufficient.” We anticipate that; a decision will be made as soon as possible, and we have; given a week for this reason. “We express our solemn hope and expectation that; by the next date of listing, the State will have taken all necessary steps to guarantee that the Advocate General’s office does not remain vacant or non-functional,” the Court stated.
The case will be heard once more on May 16.
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