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The term of office of the advocate general is not fixed by the
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Constitution. Further, the Constitution does not contain the
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procedure and grounds for his removal. He holds office during the
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pleasure of the governor. This means that he may be removed by
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the governor at any time. He may also quit his office by submitting
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his resignation to the governor. Conventionally, he resigns when
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the government (council of ministers) resigns or is replaced, as he
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is appointed on its advice.
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The remuneration of the advocate general is not fixed by the
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DUTIES AND FUNCTIONS
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As the chief law officer of the government in the state, the duties
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of the advocate general include the following:
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1. To give advice to the government of the state upon such
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legal matters which are referred to him by the governor.
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2. To perform such other duties of a legal character that are
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assigned to him by the governor.
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3. To discharge the functions conferred on him by the
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Constitution or any other law.
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In the performance of his official duties, the advocate general is
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entitled to appear before any court of law within the state. Further,
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he has the right to speak and to take part in the proceedings of
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both the Houses of the state legislature or any committee of the
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state legislature of which he may be named a member, but without
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a right to vote. He enjoys all the privileges and immunities that are
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available to a member of the state legislature.
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Table 53.1 Articles Related to Advocate-General of the state at a
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Glance
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Article No. Subject-matter
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165. Advocate-General of the State
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177. Rights of Advocate-General as respects the
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Houses of State Legislature and its Committee
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194. Powers, privileges and immunities of Advocate-
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General
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Table 53.2 Articles Related to Constitutional Bodies at a Glance
|
Article No. Constitutional Bodies
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76. Attorney-General of India
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148. Comptroller and Auditor-General of India
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165. Advocate-General of the State
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243-I. State Finance Commission
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243-K. State Election Commission
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243ZD. District Planning Committee
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243ZE. Metropolitan Planning Committee
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263. Inter-State Council
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279A. Goods and Services Tax Council
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280. Finance Commission
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307. Inter-State Trade and Commerce Commission
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315. Union Public Service Commission and State
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Public Service Commission
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324. Election Commission
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338. National Commission for Scheduled Castes
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338A. National Commission for Scheduled Tribes
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338B. National Commission for Backward Classes
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339. Scheduled Areas and Scheduled Tribes
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Commission
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340. Backward Classes Commission
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344. Official Language Commission and Official
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Language Committee of Parliament
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350B. Special Officer for Linguistic Minorities
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NOTES AND REFERENCES
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1. Article 165 of Chapter 2 (The Executive) in Part VI (The
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States) of the Constitution deals with the office of the
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advocate general of the state. This is the only article
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dealing with this office.
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2. Judicial office means an office within the judicial service
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of the state.
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3. Unlike the Supreme Court, the Constitution makes no
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PART-VIII
|
NON-CONSTITUTIONAL BODIES
|
54. NITI Aayog
|
55. National Human Rights Commission
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56. State Human Rights Commission
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57. Central Information Commission
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58. State Information Commission
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59. Central Vigilance Commission
|
60. Central Bureau of Investigation
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61. Lokpal and Lokayuktas
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62. National Investigation Agency
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63. National Disaster Management Authority
|
54 NITI Aayog
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ESTABLISHMENT
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On the 13th of August, 2014, the Modi Government scrapped the 65-
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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
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as the successor to the planning commission.
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However, it must be noted here that the NITI Aayog, like that of
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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
|
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