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2005 Supreme(All) 204

IN THE HIGH COURT OF ALLAHABAD
Jagdish Bhalla, M. A. Khan
PREM CHANDRA SHARMA - Appellant
Versus
SHRI MILAN BANERJI - Respondents
Writ Petition 716 Of 2005
Decided On : 02/04/2005

The appointment of the Attorney General of India does not have an age limit, and the qualifications for the appointment are similar to those for a Judge of the Supreme Court.

Headnote:

Attorney General of India - Appointment and Qualifications - Article 76, Article 124 - The court examined the qualifications for the appointment of the Attorney General of India as per Article 76 and Article 124 of the Constitution. It concluded that there is no age limit provided for the appointment of the Attorney General, and the qualifications for the appointment are similar to those for a Judge of the Supreme Court. The court also referred to a previous judgment regarding the appointment of the Advocate General to support its decision.

Fact of the Case:

The petitioners, who are advocates, challenged the appointment of the Attorney General of India, alleging that the respondent was holding the office in contravention of the provisions of the Constitution due to age and qualifications.

Finding of the Court:

The court found that the Constitution does not provide an age limit for the appointment of the Attorney General and that the qualifications for the appointment are similar to those for a Judge of the Supreme Court. It also concluded that the petitioners did not have the locus to challenge the appointment.

Issues: The issues involved the qualifications and age limit for the appointment of the Attorney General of India, the locus of the petitioners to challenge the appointment, and the interpretation of relevant constitutional provisions.

Ratio Decidendi: The court held that there is no age limit provided for the appointment of the Attorney General and that the qualifications for the appointment are similar to those for a Judge of the Supreme Court. It also found that the petitioners did not have the locus to challenge the appointment.

Final Decision: The writ petition challenging the appointment of the Attorney General of India was dismissed, and the prayer for leave to appeal to the Supreme Court was refused.

( 1 ) SRI K. D. Nag, learned counsel for Union of India has informed this Court that the notice on behalf of opposite party no. 1 was wrongly accepted in the Office of the Senior Standing Counsel and the same is being returned as Senior Standing Counsel has no authority to receive the copies of notice on behalf of opposite party.

( 2 ) THE inherent essential characteristic to become an Engineer is to be intelligent; to become a Doctor is to be intelligent and diligent both; to become a Defence Officer one has to be brave and one who wants to become a member of Bar, has a responsibility towards the Society at large and towards the administration of justice is not less, a person has to inculcate all the above qualities. But nowadays, the people have adopted short cut methods to come in the limelight and one such method is filing Public Interest Litigation. Of and again, the Honble apex Court and this Court penned down in strongly worded sentences that member of the Bar while filing Public Interest Litigation should be more vigilant and cautious.

( 3 ) WE are also of the considered opinion that whenever a member of the Bar files a writ petition in personal capacity his duty multiplies because he has to do homework first as a Client then as a professional. In the instant case the petitioners, who are four in numbers, are advocates by profession.

( 4 ) SRI Ashok Pandey, appearing for petitioners has inter alia prayed for a direction by issuing a writ in the nature of Quo warranto calling upon the respondent as to how he is holding the office of Attorney general of India. It has been further prayed that a writ in the nature of certiorari be issued quashing the order of appointment of the sole respondent after summoning the same from him. Further, it has been prayed that a writ in the nature of prohibition be issued thereby prohibiting the sole respondent from functioning as Attorney General of india.

( 5 ) IT has been contended on behalf of the petitioners that qualification for appointment of Attorney General of India are indicated in Article 76 of the Constitution of India. It has been emphatically argued that the respondent is holding the office of Attorney General of india in contravention of the provisions of the Constitution and has invited our attention towards Article 76 of the Constitution under which attorney General is appointed which reads as under :--"attorney-General of India- (1) The President shall appoint a person who is qualified to be appointed as a judge of the Supreme Court to be Attorney General of india. (2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. (3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of india. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. "

( 6 ) TO understand further, Article 124 of the Constitution of india is attracted and therefore, we have perused both Articles together to appreciate the arguments advanced by the learned counsel for the petitioner wherein it is provided that the president of India shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India and further the qualification as provided under Article 124 of the Constitution of India are as follows;"article 124 (3 ). A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a













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