Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 Articles 162 165 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Appointment of Additional Advocate Generals by the State-Challenge to-Writ Petition dismissed by High Court holding that having regard to Article 367 of the Constitution and Section 13 of the General Clauses Act, the provisions for appointment of an Advocate General in singular would include plural-It cannot be presumed that Additional Advocate General/Generals so appointed would perform Constitutional functions-On appeal, Held: State, in exercise of its executive power, is competent to appoint as many Lawyers of its choice as it thinks adequate to defend it in the legal proceedings-State could also confer on them such designation as it may deem fit and proper but they can no/ be authorized to perform Constitutional/Statutory functions. However, State could not appoint more than one Advocate Genera/- Interpretation of Statute-Golden rule of literal interpretation-Code of Criminal procedure, 1973; Ss. 24, 25/General Clauses Act; Section 13. executive power vis-a-vis Constitutional power-Exercise of-Distinction between-Discussed.Words and Phrases: "unless the context otherwise requires "-Meaning of in the context of Article 367 of the Constitution of India. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2004 INSC 10 |
Petitioner | M.t. Khan And Ors. |
Respondent | Government Of Andhra Pradesh And Ors. |
SCR | [2004] 1 S.C.R. 117 |
Judgement Date | 2004-01-05 |
Case Number | 4 |
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