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2004 Supreme(SC) 15

S. B. SINHA
M. T. Khan – Appellant
Versus
Govt. of A. P. – Respondent


JUDGMENT

V.N. Khare, CJI-Leave granted.

The authority of a State to appoint Additional Advocate General in terms of Article 165 of the Constitution of India is the core question involved in this appeal which arises out of a judgment and order dated 30.4.1998 passed by the High Court of Andhra Pradesh in Writ Petition No. 13202 of 1998.

2. The appellants herein filed the aforementioned writ petition questioning the appointment of two Additional Advocate Generals by the Government of Andhra Pradesh on various grounds. The main contention of the appellants raised before the High Court as also before us, however, is that having regard to the expression used in Article 165 of the Constitution of India appointment of more than one Advocate General is not contemplated therein.

3. The High Court negatived the said contention holding : (i) Having regarding to Article 367 of the Constitution of India as also Section 13 of the General Clauses Act, 1897, the provision in singular for appointment of an Advocate General would include plural; (ii) Having regard to the fact that Additional Advocate Generals have been appointed in the States of Rajasthan, Jammu & Kashmir and Kerala, there is no reason




























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