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The term of office of the advocate general is not fixed by the
Constitution. Further, the Constitution does not contain the
procedure and grounds for his removal. He holds office during the
pleasure of the governor. This means that he may be removed by
the governor at any time. He may also quit his office by submitting
his resignation to the governor. Conventionally, he resigns when
the government (council of ministers) resigns or is replaced, as he
is appointed on its advice.
The remuneration of the advocate general is not fixed by the
DUTIES AND FUNCTIONS
As the chief law officer of the government in the state, the duties
of the advocate general include the following:
1. To give advice to the government of the state upon such
legal matters which are referred to him by the governor.
2. To perform such other duties of a legal character that are
assigned to him by the governor.
3. To discharge the functions conferred on him by the
Constitution or any other law.
In the performance of his official duties, the advocate general is
entitled to appear before any court of law within the state. Further,
he has the right to speak and to take part in the proceedings of
both the Houses of the state legislature or any committee of the
state legislature of which he may be named a member, but without
a right to vote. He enjoys all the privileges and immunities that are
available to a member of the state legislature.
Table 53.1 Articles Related to Advocate-General of the state at a
Glance
Article No. Subject-matter
165. Advocate-General of the State
177. Rights of Advocate-General as respects the
Houses of State Legislature and its Committee
194. Powers, privileges and immunities of Advocate-
General
Table 53.2 Articles Related to Constitutional Bodies at a Glance
Article No. Constitutional Bodies
76. Attorney-General of India
148. Comptroller and Auditor-General of India
165. Advocate-General of the State
243-I. State Finance Commission
243-K. State Election Commission
243ZD. District Planning Committee
243ZE. Metropolitan Planning Committee
263. Inter-State Council
279A. Goods and Services Tax Council
280. Finance Commission
307. Inter-State Trade and Commerce Commission
315. Union Public Service Commission and State
Public Service Commission
324. Election Commission
338. National Commission for Scheduled Castes
338A. National Commission for Scheduled Tribes
338B. National Commission for Backward Classes
339. Scheduled Areas and Scheduled Tribes
Commission
340. Backward Classes Commission
344. Official Language Commission and Official
Language Committee of Parliament
350B. Special Officer for Linguistic Minorities
NOTES AND REFERENCES
1. Article 165 of Chapter 2 (The Executive) in Part VI (The
States) of the Constitution deals with the office of the
advocate general of the state. This is the only article
dealing with this office.
2. Judicial office means an office within the judicial service
of the state.
3. Unlike the Supreme Court, the Constitution makes no
PART-VIII
NON-CONSTITUTIONAL BODIES
54. NITI Aayog
55. National Human Rights Commission
56. State Human Rights Commission
57. Central Information Commission
58. State Information Commission
59. Central Vigilance Commission
60. Central Bureau of Investigation
61. Lokpal and Lokayuktas
62. National Investigation Agency
63. National Disaster Management Authority
54 NITI Aayog
ESTABLISHMENT
On the 13th of August, 2014, the Modi Government scrapped the 65-
year-old Planning Commission and announced that it would be
replaced by a new body. Accordingly, on January 1, 2015, the NITI
Aayog (National Institution for Transforming India) was established
as the successor to the planning commission.
However, it must be noted here that the NITI Aayog, like that of
the Planning Commission, was also created by an executive
resolution1 of the Government of India (i.e., Union Cabinet). Hence,
it is also neither a constitutional body nor a statutory body. In other
words, it is a non-constitutional or extra-constitutional body (i.e., not
created by the Constitution) and a non-statutory body (not created by
an Act of the Parliament).
NITI Aayog is the premier policy ‘Think Tank’ of the Government
of India, providing both directional and policy inputs. While designing
strategic and long-term policies and programmes for the
Government of India, NITI Aayog also provides relevant technical
advice to the Centre and States.
The centre-to-state one-way flow of policy, that was the hallmark
of the Planning Commission era, is now sought to be replaced by a
genuine and continuing partnership of states.
In a paradigmatic shift from the command and control approach of
the past, NITI Aayog accommodates diverse points of view in a
collaborative, rather than confrontationist, setting. In the spirit of
federalism, NITI’s own policy thinking too is shaped by a ‘bottom-up’
approach rather than a ‘top-down’ model.
RATIONALE
While explaining the reason for replacing the Planning Commission
with the NITI Aayog, the Union Government made the following
observation: “India has undergone a paradigm shift over the past six
decades–politically, economically, socially, technologically as well as
demographically. The role of Government in national development
has seen a parallel evolution. Keeping with these changing times,
the Government of India has decided to set up NITI Aayog (National
Institution for Transforming India), in place of the erstwhile Planning
Commission, as a means to better serve the needs and aspirations
of the people of India.”2
The new institution will be a catalyst to the developmental
process; nurturing an overall enabling environment, through a
holistic approach to development going beyond the limited sphere of
the Public Sector and Government of India. This will be built on the
foundations of:3
1. An empowered role of States as equal partners in national
development; operationalising the principle of Cooperative
Federalism.
2. A knowledge hub of internal as well as external resources;
serving as a repository of good governance best practices, and
a Think Tank offering domain knowledge as well as strategic
expertise to all levels of government.
3. A collaborative platform facilitating implementation; by
monitoring progress, plugging gaps and bringing together the
various ministries at the Centre and in States, in the joint
pursuit of developmental goals.
In the same context, the then Union Finance Minister Arun Jaitley
said: “The 65-year-old Planning Commission had become a
redundant organisation. It was relevant in a command economy
structure, but not any longer. India is a diversified country and its
states are in various phases of economic development along with
their own strengths and weaknesses. In this context, a ‘one-size-fits-
all’ approach to economic planning is obsolete. It cannot make India
competitive in today’s global economy.”4
The Resolution observed: “Perhaps most importantly, the
influences from the world, no single model can be transplanted from
outside into the Indian scenario. We need to find our own strategy for
growth. The new institution has to zero in on what will work in and for
COMPOSITION
The composition of the NITI Aayog is as follows:
(a) Chairperson: The Prime Minister of India
(b) Governing Council: It comprises the Chief Ministers of all the
States, Chief Ministers of Union Territories with Legislatures
(i.e., Delhi, Puducherry and Jammu and Kashmir) and Lt.
Governors of other Union Territories.
(c) Regional Councils: These are formed to address specific issues
and contingencies impacting more than one state or a region.
These are formed for a specified tenure. These are convened
by the Prime Minister and comprises of the Chief Ministers of
States and Lt. Governors of Union Territories in the region.
These are chaired by the Chairperson of the NITI Aayog or his
nominee.
(d) Special Invitees: Experts, specialists and practitioners with
relevant domain knowledge as special invitees nominated by
the Prime Minister.
(e) Full-time Organisational Framework: It comprises, in addition to
the Prime Minister as the Chairperson:
(i) Vice-Chairperson: He is appointed by the Prime Minister. H
enjoys the rank of a Cabinet Minister.
(ii) Members: Full-time. They enjoy the rank of a Minister of State.
(iii) Part-time Members: Maximum of 2, from leading universitie
research organisations and other relevant institutions in an e
officio capacity. Part-time members would be on a rotation.
(iv) Ex-Officio Members: Maximum of 4 members of the Uni
Council of Ministers to be nominated by the Prime Minister.
(v) Chief Executive Officer: He is appointed by the Prime Minist
for a fixed tenure, in the rank of Secretary to the Government
India.
SPECIALISED WINGS
NITI Aayog houses a number of specialised wings, including5 :
1. Research Wing: It develops in-house sectoral expertise as a
dedicated think tank of top notch domain experts, specialists
and scholars.
2. Consultancy Wing: It provides a marketplace of whetted panels
of expertise and funding, for the Central and State
Governments to tap into matching their requirements with
solution providers, public and private, national and
international. By playing match-maker instead of providing the
entire service itself, NITI Aayog is able to focus its resources
on priority matters, providing guidance and an overall quality
check to the rest.
3. Team India Wing: It comprises of the representatives from
every State and Ministry and serves as a permanent platform
for national collaboration. Each representative:
(a) Ensures that every State/Ministry has a continuous voice
and stake in the NITI Aayog.
(b) Establishes a direct communication channel between the
State/Ministry and NITI Aayog for all development related
matters, as the dedicated liaison interface.
NITI Aayog functions in close cooperation, consultation and
coordination with the Ministries of the Central Government, and
State Governments. While it makes recommendations to the Central
OBJECTIVES
The objectives of the NITI Aayog are mentioned below:
1. To evolve a shared vision of national development priorities,
sectors and strategies with the active involvement of States.
2. To foster cooperative federalism through structured support
initiatives and mechanisms with the States on a continuous
basis, recognising that strong States make a strong nation.
3. To develop mechanisms to formulate credible plans at the
village level and aggregate these progressively at higher levels
of government.
4. To ensure, on areas that are specifically referred to it, that the
interests of national security are incorporated in economic
strategy and policy.
5. To pay special attention to the sections of our society that may
be at risk of not benefitting adequately from economic
progress.
6. To design strategic and long-term policy and programme
frameworks and initiatives, and monitor their progress and their
efficacy. The lessons learnt through monitoring and feedback
will be used for making innovative improvements, including
necessary midcourse corrections.
7. To provide advice and encourage partnerships between key
stakeholders and national and international like-minded think
tanks, as well as educational and policy research institutions.
8. To create a knowledge, innovation and entrepreneurial support
system through a collaborative community of national and
international experts, practitioners and other partners.
9. To offer a platform for resolution of inter-sectoral and inter-
departmental issues in order to accelerate the implementation
of the development agenda.
10. To maintain a state-of-the-art Resource Centre, be a repository
of research on good governance and best practices in
sustainable and equitable development as well as help their
dissemination to stake-holders.
11. To actively monitor and evaluate the implementation of
programmes and initiatives, including the identification of the
12. To focus on technology upgradation and capacity building for
implementation of programmes and initiatives.
13. To undertake other activities as may be necessary in order to
further the execution of the national development agenda, and
the objectives mentioned above.
Through the above, the NITI Aayog aims to accomplish the
following objectives and opportunities:6
1. An administration paradigm in which the Government is an
“enabler” rather than a “provider of first and last resort.”
2. Progress from “food security” to focus on a mix of agricultural
production, as well as actual returns that farmers get from their
produce.
3. Ensure that India is an active player in the debates and
deliberations on the global commons.
4. Ensure that the economically vibrant middle-class remains
engaged, and its potential is fully realised.
5. Leverage India’s pool of entrepreneurial, scientific and
intellectual human capital.
6. Incorporate the significant geo-economic and geo-political
strength of the Non-Resident Indian Community.
7. Use urbanisation as an opportunity to create a wholesome and
secure habitat through the use of modern technology.
8. Use technology to reduce opacity and potential for
misadventures in governance.
The NITI Aayog aims to enable India to better face complex
challenges, through the following:7
1. Leveraging of India’s demographic dividend, and realisation of
the potential of youth, men and women, through education, skill
development, elimination of gender bias, and employment
2. Elimination of poverty, and the chance for every Indian to live a
life of dignity and self-respect
3. Redressal of inequalities based on gender bias, caste and
economic disparities
4. Integrate villages institutionally into the development process
5. Policy support to more than 50 million small businesses, which
are a major source of employment creation
FUNCTIONS
The various functions performed by the NITI Aayog can be divided
into four main heads:
1. Design policy and programme framework.
2. Foster co-operative federalism.
3. Monitoring and evaluation.
4. Think-tank, and Knowledge and Innovation Hub.
The NITI Aayog is functionally divided into various Verticals which
are responsible for examining and looking into sectoral issues and
priorities for national development and economic growth.
By dividing the entire gamut of activities in the NITI Aayog, the
Team India and Knowledge and Innovation Hubs were constituted,
and accordingly Verticals and Core Divisions were created. The two
hubs are at the core of NITI’s efficient functioning. The Team India
Hub carries out the mandate of fostering ‘Cooperative Federalism’
and ‘Designing Policy and Programme Frameworks’. It provides
requisite coordination and support framework to NITI Aayog in its
engagement with the States. On the other hand, the Knowledge &
Innovation Hub ensures fulfilling the mandate of maintaining a State-
of-the-Art Resource Centre; to be a repository of research of good
governance and best practices and their dissemination to
stakeholders; and to provide advice and encourage partnerships
across key areas.
The NITI Aayog uniquely focus thematic policy interventions
which encourages convergence across central ministries, state
governments, development partners, sector experts and
professionals. This convergence approach to governance is applied
to achieve the objectives of NITI Aayog.
The different Verticals of NITI Aayog provide the requisite co-
ordination and support framework for NITI Aayog to carry out its