Centre will adhere to timelines fixed by SC for judicial appointments: A-G
- January 7, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Centre will adhere to timelines fixed by SC for judicial appointments: A-G
Subject :Economy
Context:
- The Attorney-General of India has told the Supreme Court that the Union government will adhere to the timelines fixed by the court to process recommendations for judicial appointments.
- The court had earlier said that the government was intentionally delaying the appointments on Collegium recommendations as it was upset with the striking down of the National Judicial Appointments Commission (NJAC) law in 2015.
- Justice Sanjay Kishan Kaul remarked that the government must not be guided by political affiliations, personal philosophy and cases in which an individual had appeared as a lawyer while considering names for judgeships.
- The Supreme Court’s judgement in 2021 had put in place a timeline of a maximum of 18 weeks for the government to process the names forwarded to the Union Law Ministry by the High Courts and send the names to the Supreme Court Collegium for final assent.
- However, about 104 names recommended by various High Courts are pending with the government.
Attorney General (AG) of India
- 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.
- Appointment and Eligibility: 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.
- Removal: 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.