The Advocate General is a very high Constitutional authority appointed
under Article 165 of our Constitution. The Governor of each State appoints
a person who is qualified to be a High Court Judge as the Advocate General. The
Office of the Advocate General is a very exalted one. As the supreme law
officer of the State he is expected to be extremely honest, sincere and
competent in giving invaluable fair legal guidance to the State Government
in formulation of its policy and execution of its decisions. An Advocate
General should never be someone who has a lust or greed for wealth or
having vested interest with any lobby but has always to ensure the State’s
best interests at heart. Though he is appointed by the State, he is bound
to be fair in giving advice to the State as also in his submissions to the
Court. A statement made by the Advocate General in a Court binds the
Government.
Advocate General is the Leader of the Bar and is required to defend the
State while always securing its interests at all times. As a role model to
the legal fraternity he has to uphold impeccable integrity and the highest
ethical standards. An Advocate General of a State apart from being a
constitutional functionary is also a public official and acts of public
officials in discharge of their official duties is open to public scrutiny
against any illegal acts.
In 1975 Justice Krishna Iyer heading a 7-Bench of the Supreme Court had
held *“The Bar is not a private guild, like that of 'barbers, butchers and
candlestick-makers' but, by bold contrast, a public institution committed
to public justice and pro bono publico service. The central function that
the legal profession must perform is nothing less than the administration
of justice. The official heads of the Bar i.e., the Attorney General and
the Advocate-Generals too are distressed if a lawyer 'stoops to conquer' by
resort to soliciting, touting and other corrupt practices”*
In 2005 Lord Bingham of Cornhill of the Court of Appeal of Trinidad and
Tobago in a judgment had observed *“It may be that the jury would incline
to regard a practising lawyer as a man of probity whose word was prima
facie worthy of belief. But the belief of lawyers in their own probity is
not universally shared, and there are those who believe them to be capable
of almost any chicanery or sharp practice.”*
Professional ethics demands that a person occupying the high and solemn
constitutional post as Advocate General should never appear for a private
party in a case where the government is directly or even indirectly a
party. Once appointed as Advocate General, it is incumbent upon him to
realize that his penchant for bolstering his private practice and thus
raking in the moolah, cannot be achieved by any unholy means. An Advocate
General is engaged and given a Constitutional position, to give appropriate
advice to the Government, uninfluenced by political considerations. He
being an important functionary in the legal system and in the dispensation
of justice, his conduct at all times must be beyond any shadow of doubt.
The Supreme Court in a very recent judgment while pulling up the Government
Advocate who misled the Rajasthan High Court has observed “*As far as the
counsel for the State is concerned, it can be decidedly stated that he has
a higher responsibility. A counsel who represents the State is required to
state the facts in a correct and honest manner. He has to discharge his
duty with immense responsibility and each of his action has to be sensible.
He is expected to have higher standard of conduct. He has a special duty
towards the court in rendering assistance. It is because he has access to
the public records and is also obliged to protect the public interest. That
apart, he has a moral responsibility to the court. When these values
corrode, one can say “things fall apart”. He should always remind himself
that an advocate, while not being insensible to ambition and achievement,
should feel the sense of ethicality and nobility of the legal profession in
his bones. We hope, hopefully, there would be apposite response towards
duty; the hollowed and honoured duty”*
Several Advocate Generals in the country have been accused of wrong doings
but alongside those controversial ones we have had some outstanding ones
too. J M Thakore, Gujarat's Advocate General since 1960 was India’s longest
serving Advocate General. He worked under 27 state governments and 13 chief
ministers, intersperse with five spells of President's rule. He had the
unique and remarkable distinction of holding the post as Advocate General
of Gujarat from the day the state was formed till his death, a period of
over forty years. His fierce independence, dedication to the profession and
unimpeachable conduct ensured that successive governments of widely
differing political ideologies continued to have him as the Advocate
General.
The late H.M. Seervai, India’s outstanding lawyer, jurist and scholar in
constitutional law was Advocate General of Maharashtra for 17 long years
with great distinction. He achieved an exceptional stature by his
inflexible integrity, strong courage and conviction. As Advocate General of
Maharashtra from 1957 to 1974, Seervai maintained the high stature as he
was not a political appointee and did not consider himself one. Governments
came and went but Seervai was not called upon to resign. His total
disconnection from politicians and politics was his greatest strength. He
dedicatedly defended Government in Court but declined to defend government
policies which he felt were against his convictions. Seervai was quite
unconcerned of financial rewards in the profession and had contempt for
Advocates who prided themselves in having a lucrative practice. Lucrative,
according to him meant greed for gain. Once asked if it would not be wrong
to take high fees if clients were willing to pay them, Seervai retorted,
“If a man was willing to be robbed would you be a thief?”
A Retired Judge of Madras High Court N. V. Balasubramaniam had candidly
stated *‘It is easier to become a judge of a high court than an
Advocate-General as it is difficult to get that post unless one is a
qualified and a very meritorious person,’*
There is nothing wrong if the Advocate General is flamboyant and better
still if he has an abiding interest in spirituality but he should never be
a Merchant of Venice.
Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006
Mobile No: 9822684372
Office Tel No: (0832) 2444012
Email: airesrodrigu...@gmail.com
Or
airesrodrig...@yahoo.com
