Bhubaneswar, July 8: The Orissa High Court’s concern over the lack of a full-time advocate general (AG) in Odisha has highlighted a constitutional crisis.
Despite a month passing since the fall of the BJD government, the state continues to rely on an in-charge AG.
The incumbent AG, Ashok Kumar Parija, resigned on June 6 following BJD supremo Naveen Patnaik’s resignation as chief minister.
On the same day, Jyoti Prakash Pattnaik was appointed as the in-charge AG.
The division bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho expressed displeasure on July 3, emphasizing that appointing a new AG is a constitutional requirement.
The absence of a full-time AG was described as a “constitutional vacuum.”
On the other hand, Odisha State Bar Council Chairman Sitanshu Mohan Dwivedi also expressed concern about the absence of a full-time AG in Odisha.
Dwivedi emphasized that the appointment should focus on talents, experience, brilliance, and professional acumen rather than party affiliation, given that it is a constitutional post crucial for the delivery of justice in the state.
The office of the advocate general is a constitutional post established under Article 165 of the Constitution of India.
Traditionally, when a state government’s council of ministers resigns, the AG also resigns. The first appointment after a new chief minister takes charge is that of the AG.
The situation highlights the need for prompt action to address this constitutional vacuum and ensure effective legal representation for the state.
