Attorney General raises serious objections to filing of petitions in SC against States’ religious conversion laws

Attorney General raises serious objections to filing of petitions in SC against States’ religious conversion laws

Subject: Polity

Section: Constitution

Context: Attorney General R. Venkataramani on Monday in the Supreme Court raised serious objections to petitions being filed in the Supreme Court against various States’ religious conversion laws.

Details:

• The case concerns anti-conversion enactments of nine States, including Uttar Pradesh, Himachal Pradesh, Madhya Pradesh, Uttarakhand, Gujarat, Chhattisgarh, Haryana, Jharkhand and Karnataka
• The petitions have argued that these State laws amount to undue interference in a person’s right of choice of faith and life partner.
• One of the main petitions in the batch is by Jamiat Ulama-i-Hind, which has asked the Supreme Court to declare religious conversion laws, particularly of five States, as unconstitutional, saying they bring the personal decision of an individual to adopt another faith under state scrutiny.
• The religious conversion laws under challenge mandate a person proposing to convert or a priest who would preside over the ceremony to take prior permission from the local District Magistrate. Besides, the burden of proof was on the convert to prove that he or she was not forced or “allured” to change faith.
• The petitions have argued that the State laws have a ‘chilling effect’ on the right to profess and propagate one’s religion, enshrined in Article 25 of the Constitution.
• The scrutiny by the state of a personal decision to convert is a grave assault on personal liberty of an individual and is violative of Articles 21 (right to dignity, privacy) and 25 (freedom of religion) of the Constitution
• The government has opposed the locus of Citizens for Justice and Peace, an NGO associated with activist Teesta Setalvad, in approaching the apex court against religious conversion laws.
• According to government these are State legislations and the State High Courts are hearing them. There are petitions pending there and the same petitioners have now filed petitions in the Supreme Court

Attorney General

• The Attorney General (AG) of India is a part of the Union Executive. AG is the highest law officer in the country.
• Article 76 of the Constitution provides for the office of AG of India.
• AG is appointed by the President on the advice of the government.
• S/he must be a person who is qualified to be appointed a judge of the Supreme Court, i.e. s/he must be a citizen of India and must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President.
• Term of the Office: Not fixed by the Constitution.
• Procedures and grounds for the removal of AG are not stated in the Constitution. S/he holds office during the pleasure of the President (may be removed by the President at any time).

Duties and Functions:

• To give advice to the Government of India (GoI) upon such legal matters, which are referred to her/him by the President.
• To perform such other duties of a legal character that are assigned to her/him by the President.
• To appear on behalf of the GoI in all cases in the Supreme Court or in any case in any High Court in which the GoI is concerned.
• To represent the GoI in any reference made by the President to the Supreme Court under Article 143 (Power of the President to consult the Supreme Court) of the Constitution.
• To discharge the functions conferred on her/him by the Constitution or any other law.

Rights and Limitations:

• S/he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which s/he may be named a member, but without a right to vote.
• S/he enjoys all the privileges and immunities that are available to a member of Parliament.
• S/he does not fall in the category of government servants. S/he is not debarred from private legal practice.
• However, s/he should not advise or hold a brief against the GoI.
• Solicitor General of India and Additional Solicitor General of India assist the AG in fulfillment of the official responsibilities.
• Corresponding Office in the States: Advocate General (Article 165).