Friday, January 12, 2007

Attorneys General

The Indian constitution is clear that the Attorney General’s and the Advocate General’s job is to give ADVICE to the Central and State government respectively and they have to uphold the Indian Constitution at any cost. But the recent judgements from the Supreme Court and certain High courts do not imply that. Their eligibility criterion makes them to think & act at par with that of the Supreme Court and the High courts Judges. If they have provided timely advice to the Governments and it had been taken into consideration, then it means that these Generals have upheld the Indian Constitution. And if the lawmakers acknowledged the same, it also means that the lawmakers have upheld the constitution. But certain laws of the Central and State governments being struck-down by these highest judiciaries recently, makes me think that someone is not fulfilling their responsibilities in accordance to the Indian Constitution. Had these Generals been the Judges of the respective courts, would they have allowed the laws that are illegal and unconstitutional? The irony is that the lawmakers and these Generals have taken oath to uphold the Indian Constitution at all the times. Are they?

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