The Supreme Court of India in a judgment this year while pulling up the Government Advocate who misled the Rajasthan High Court observed, “as far as the counsel for the State is concerned, it can be decidedly stated that he has a higher responsibility. A counsel who represents the State is required to state the facts in a correct and honest manner. He has to discharge his duty with immense responsibility and each of his action has to be sensible. He is expected to have higher standard of conduct. He has a special duty towards the court in rendering assistance. It is because he has access to the public records and is also obliged to protect the public interest. That apart, he has a moral responsibility to the court. When these values corrode, one can say “things fall apart”. He should always remind himself that an advocate, while not being insensible to ambition and achievement, should feel the sense of ethicality and nobility of the legal profession in his bones. We hope, hopefully, there would be a positive response towards duty; the hollowed and honoured duty”
Advocate General of Goa Atmaram Nadkarni has been very controversial with a series of complaints about his misdeeds having reached to the Chief Justice of Bombay High Court, Governor of Goa and to Prime Minister of India. Despite Government paying the AG over a crore a year, yet Atmaram Nadkarni is acting as the legal counsel for private parties including the Mining, Casino and Builders. This inspite Government directive that the Advocate General should refrain from accepting any cases from private parties where Government was even just a formal party. Several Advocate Generals in the country have been accused of wrong doings but alongside the controversial ones we have had some outstanding ones too. J M Thakore, Gujarat's Advocate General since 1960 was India’s longest serving Advocate General. He worked under 27 state governments and 13 chief ministers, intersperse with five spells of President's rule. He had the unique and remarkable distinction of holding the post as Advocate General of Gujarat from the day the state was formed till his death, a period of over forty years. His fierce independence, dedication to the profession and unimpeachable conduct ensured that successive governments of widely differing political ideologies continued to have him as the Advocate General. The late H.M. Seervai, India’s outstanding lawyer, jurist and scholar in constitutional law was Advocate General of Maharashtra for 17 long years with great distinction. He achieved an exceptional stature by his inflexible integrity, strong courage and conviction. As Advocate General of Maharashtra from 1957 to 1974, Seervai maintained the high stature as he was not a political appointee and did not consider himself one. Governments came and went but Seervai was not called upon to resign. His total disconnection from politicians and politics was his greatest strength. He dedicatedly defended Government in Court but declined to defend government policies which he felt were against his convictions. The President of India is paid Rs.1,50,000/- a month, the Chief Justice of India Rs.1,00,000/- and a High Court Judge Rs.80,000/-, but the AG of Goa Atmaram Nadkarni is paid a enormous eight lakhs a month besides Rs 75,000 on his every visit to Delhi. It is irrational and inexplicable that Goa being the smallest state is not only hosting India's highest paid AG but the country's highest paid public servant. AG Atmaram Nadkarni was paid a whopping two crores fifty five lakhs nine thousand and thirty two rupees for the two years from March 2012 to March 2014. The Comptroller and Auditor General of India (CAG) has sought from the Government a complete and proper reply to the queries raised on the exorbitant fees being paid to the AG. CAG on 23rd January this year sought explanation and justification on the very high fees being paid to the AG. With no reply received CAG on 22nd April once again wrote to the Law Secretary calling for the information urgently which was followed by another reminder on 19th August. After a delay of eight months the Under Secretary Law on September 24, 2014 replied only giving copies of the appearance certificates of the Advocate General while giving no explanation and justification to the query raised by CAG on the exorbitant fees. CAG in its reply while pointing out that the queries raised remain unanswered has sought an urgent response. CAG took cognizance of the exorbitant fees after a comparative study with the states of Haryana, Manipur, Arunachal Pradesh and Meghalaya. CAG in its comparative chart drew the Government’s attention that while the Goa AG for an appearance before the High Court is paid Rs.10,000 per case, that the AG of Haryana is paid Rs.1000 while the AGs of Manipur, Arunachal Pradesh and Meghalaya are paid Rs.5000, Rs.3000 and Rs.2500 respectively. The CAG further informed the Government that while the Goa AG is paid Rs.75,000 for appearance before the Supreme Court the Haryana AG gets paid Rs.2000 while the AGs of Manipur and Meghalaya get paid Rs 10,000 with the Arunachal Pradesh AG paid Rs.3500. The Advocate General is a very high Constitutional authority. The Governor appoints a person who is qualified to be a High Court Judge as the AG. The Office of the AG is a very exalted one. As the First Law officer of the State he is expected to be extremely honest, sincere and competent in giving invaluable fair legal guidance to the Government in formulation of its policy and execution of its decisions. An AG should never be someone who has a lust or greed for wealth or having vested interest with any lobby but has always to ensure the State’s best interests at heart. He is bound to be fair in giving advice to the State as also in his submissions to the Court. The AG is the Leader of the Bar and is required to defend the State while always securing its interests at all times. As a role model to the legal fraternity he has to uphold impeccable integrity and the highest ethical standards. After Manohar Parrikar’s exit from Goa Atmaram Nadkarni also resigned and had vowed not to work under any other Chief Minister. But as was expectedly he made a U turn and continues to cling as AG and to that red beacon. He was reportedly eyeing to be Additional Solicitor General of India with hope of fulfilling his ultimate ambition of being a Supreme Court Judge. God forbid that day when the highest temple of Justice will be desecrated. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: [email protected] Or [email protected] You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires
