IN 1976 PARLIAMENT OF INDIA AMENDED ADVOCATES ACT, 1961 & OMITTED THE TERM “ATTORNEY”– ADVOCATE HEMANT KUMAR
Face2News/Chandigarh
Advocate at Punjab & Haryana High Court, Hemant Kumar on 4 July 2023, an sent a Memorandum cum Representation against usage of the term/word “Attorney” in the official designation / nomenclature of regular appointed Government Advocates under the State Governments of Punjab, Haryana and UT Chandigarh Administration notwithstanding the fact that the term/word “Attorney” was omitted from the Advocates Act, 1961 in the year 1976 via an Act of Parliament.
The Advocate asserted that the duly framed Service Rules pertaining to regular appointed Government Advocates in Punjab, Haryana and UT Chandigarh Administration viz.Punjab Prosecution and Litigation (Group A) Service Rules, 2002 and Punjab Prosecution and Litigation (Group B) Service Rules, 2010 as well as Haryana State Prosecution Department Legal Service (Group A) Rules, 2013 and Haryana State Prosecution Legal Service (Group B) Rules, 2001 along with corresponding Service Rules applicable in UT Chandigarh Administration, there is explicit mention of the Cadre/Posts of District Attorney (DA), Deputy District Attorney (DDA) and Assistant District Attorney (ADA).
(SUBHEAD)Now, in the year 1976, Parliament of India enacted an Amendment in the Advocates Act, 1961 (Central Act No. 25 of 1961) which, inter alia, omitted the term “Attorney” from the ibid Act.
Hence, in view of the above, since the term/word “Attorney” stands repealed (omitted) from the Advocates Act, 1961, thus consequently, it cannot be legally mentioned/used in any Service Rules framed by any State Government/UT Administration in the country pertaining to any Cadre/Post of Government Advocates.
Moreover, Hemant has also raised the point that in the Code of Civil Procedure, 1908, the legal term used for Government Advocates is “Government Pleader” under Section 2(7) of the ibid 1908 Code whereas in the Code of Criminal Procedure, 1973, the corresponding term(s) used for Government Advocates is”Public Prosecutors” & “Assistant Public Prosecutors” in Section 24/25 of the ibid 1973 Code.
Last but not the least, as per Article 76 of Constitution of India, there is provision for one and only one Attorney General for India and nowhere else viz. at State and District level i.e. with usage of the term/word “Attorney”, quips Hemant.
