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The Delhi High Court has issued notice in a petition seeking appointment of Advocate General for Delhi.
The Petition has been preferred by one Abhijit Mishra (Petitioner).
Notice was issued by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar to the Delhi Government, earlier this month.
Based on RTI responses, it is the Petitioner's case that the Lieutenant Governor, Government of National Capital Territory of Delhi has not appointed an Advocate General for the NCT of Delhi in terms of Article 165 of the Constitution of India.
The Petitioner states that he moved the High Court after Additional Secretary of the Government of NCT of Delhi, in response to a grievance lodged by the Petitioner, informed that the subject of the appointment of “Advocate General” was beyond their jurisdiction.
The Petitioner has submitted that the post of Advocate General is a constitutional position and is essential to enable respective State Governments to receive legal opinions in matters of administration and governance.
Highlighting the importance of Advocate General, the Petitioner has submitted,
"Advocate General has statutory duty towards the Legislative Assembly of the State under the aegis of the Article 177 of the Constitution of India. The Advocate General’s has “Right to Speak” and take active part in the proceedings of the Legislative Assembly to voice out his opinion on the matters of the importance to the citizens of the particular state. Further, other functions and responsibilities as member of the committee of the Legislative Assembly can also be conferred upon the constitutional position of the “Advocate General”.
As far as Delhi is concerned, the Petitioner has contended that the appointment of an Advocate General falls under the ambit of the constitutional power under the Article 239AA of the Constitution of India.
It is stated that by the virtue of Article 239AA (3)(a), the Delhi Legislative Assembly can exercise its power over the all the domains of governance, with the exception of public order, police and land. This power would include the power to appoint an Advocate General, it is added.
The Petition was filed through Advocate Payal Bahl.
The Petitioner was rperesented by Advocates Ameet Singh and Payal Bahl.
Delhi Govt was represented by Additional Standing Counsel Santosh Kr Tripathi with Advocates Amit Bisht and Shashank Tiwari.
The matter would be heard next on May 22.