TaxTMI 
TaxTMI 
2004 (1) TMI 689
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....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. 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 Advo....
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....74, 76, 124, 148, 168, 216, 234 and 280 of the Constitution of India will have to be interpreted similarly which would lead to absurdity. It was contended that Advocate General appointed under Article 165 of the Constitution of India is not only required to discharge constitutional functions assigned to him, as for example, he has a right to address the Houses of Legislature under Article 177 of the Constitution; but also statutory functions in terms of Section 302 of the Code of Criminal Procedure, Section 92 of the Code of Civil Procedure and Section 23 of the Advocates Act. Furthermore, he as a leader of the Bar has a right of pre-audience. It was submitted that as the appointment of Additional Advocate General by the Government of Andhr....
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....ce. (3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine." A bare reading of the said provision clearly go to show that power of the Governor of the State in this behalf is to appoint a person who is qualified to be appointed a Judge of a High Court. Similar expressions have been used by the Constitution-makers for the purpose of appointment of a holders of constitutional posts including the Attorney General of India, Comptroller and Auditor General of India, the Chief Justice and Judges of the High Courts and Supreme Court. The constitutional scheme, thus, is that when a constitutional post is required to be filled up by a person having the q....
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....e General. The decisions of the High Courts including the impugned judgment, as noticed hereinbefore, have proceeded on the basis that having regard to the provisions of Section 13 of the General Clauses Act and Article 367 of the Constitution of India, a singular would include a plural. The High Courts while adopting the said view, in our opinion, committed an error insofar as they failed to take into consideration the crucial words occurring in Article 367 of the Constitution "unless the context otherwise requires". It is a well-settled principle of law that the provisions of the Constitution shall be construed having regard to the expressions used therein. The question of interpretation of a constitution would arise only in the eve....
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....aside words in a statute as being inapposite surpluses, if they can have a proper application in circumstances conceivable within the contemplation of the statute..." In Balram Kumawat vs. Union of India and Others [(2003) 7 SCC 628], this Court held : "The Courts will therefore reject that construction which will defeat the plain intention of the Legislature even though there may be some inexactitude in the language used. [See Salmon vs. Duncombe [(1886) 11 AC 627 at 634]. Reducing the legislation futility shall be avoided and in a case where the intention of the Legislature cannot be given effect to, the Courts would accept the bolder construction for the purpose of bringing about an effective result. The Courts, when rule of purpos....
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....es to inquire under Section 79-B(3) of the Act..." The matter relating to the appointment of a legal practitioner by a Government may be subject-matter of a legislation. The State by amending the provisions of Sections 24 and 25 of the Code of Criminal Procedure may make a law regulating the appointment of the Public Prosecutor or Additional Public Prosecutor. Such a law can also be made for regulating appointment of other State counsel. In absence of any legislation in this behalf, various States have laid down executive instructions. Thus, the State in exercise of its jurisdiction under Article 162 of the Constitution of India, is, in our considered view, competent to appoint a lawyer of its choice and designate him in such manner as i....