HC issue notice to Delhi govt on plea seeking appointment of advocate general

Delhi High Court has issued a notice to Delhi government on a public interest litigation seeking the appointment of an advocate general to represent and provide legal advise to the Government of Delhi.

A division bench of Chief Justice DN Patel and Justice C Hari Shankar sought Delhi government's response on the matter by May 22.

The petition, filed by Abhijit Mishrathrough advocates Payal Bahl and Ameet Singh, contended that under Article 239AA, which gives a special status to Delhi, the legislative assembly has powers to make laws for the NCT with respect to any matters, with the exception of public order, police and land, mentioned in the state or concurrent list of the Seventh Schedule of the Constitution.

The plea sought formulation of "rules and conditions" for the appointment of an Advocate General and setting up of a committee for carrying out the selection process.

Mishra, in his plea, has said that he moved the PIL after Delhi government, in response to a complaint lodged by him on the Centralized Public Grievance Redress and Monitoring System, said the appointment of Advocate General was beyond its jurisdiction.

"The NCT of Delhi has not made any appointment to date for the constitutional position of the advocate general. The constitutional position is an essential requirement for the Government of NCT of Delhi for providing them with sound legal advice on matters of administration and governance of the government," the plea said.

It said that the advocate general has critical constitutional duties towards the Legislative Assembly of the National Capital Territory of Delhi under the provision of Article 177 of the Constitution of India.