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Vigneswaran (Lawyer)     05 June 2011

High powered Committee for Constitutional Posts

While Constituting High power committees for appointment of statutory post such as Central vigilance Commissioner should not the Government form such committees for appointment of Constitutional posts such as the Attorney General and the Advocate General of states? because appointment to these posts have always been politically motivated and these constitutional Functionaries represent the parties by which they are appointed and not the government 



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 8 Replies

Arup (UNEMPLOYED)     06 June 2011

constitutioanal posts are those which created by constitution.

these are, president, pm, speaker, dy speaker, cji, cvc etc.

entry; removal; salary etc governed by the constitution.

to establish the people's control over the administration done through perliament.

actual controll is in the hand of perliament and not the government.

perliament has to work as per the people's will and interest.

but the perliament of india hais failed to do it.

this is the problem.

Arup (UNEMPLOYED)     06 June 2011

please read 'had' instead of hais

" because appointment to these posts have always been politically motivated "

---   not always but most of the time.

dicussion needed to remove these difficulties.

nagendra prasad (Advocate)     06 June 2011

It is the Parliament's responsibility to see into the constituting high powered committees as the Constitution itself provides the Constitutional posts. its not of the ruling party alone, it is the responsibility of peoples representative ie parliament.

Vigneswaran (Lawyer)     12 June 2011

But another point here is, whether the Advocate General and Attorney General are government servants because these people are legal advisors to the state and the centre and they represent them in courts so as they say "a client is the best judge of his advocate " so the client (Government) appoints any body in its sweet will without any impediments

1 Like

(Guest)
Vigneswaran: I get your point. so what do you suggest?

Vigneswaran (Lawyer)     13 June 2011

I would like to say that even for these posts of Attorney General and Advocate general there should be a committe formed comprising of the Leader of Opposition.

nagendra prasad (Advocate)     13 June 2011

While constituting high powered committee for Constitutional Posts, one has to look back at our framers of Indian Constitution.  Indeed with great efforts, our fathers of Constitution have achieved upper hand in framing our own Constituion from the clutches of Britishers.  Now my point is to trace and check the Political Leaders, Bureaucrats, Teaching Fraternity, Law Fraterinity, Business moghuls and NGO's, etc., who are still nurturing the philosophy and ideals of British being Indians even after 63 years of Independence.  First of all, let there be a selection for Drafting Committee for this High Powered Committee for Constitutional Posts. 

I propose my opinion in strict sense, that, Law and Legal Community and Teaching Community can alone determine and resolve the Constitutional Issues and can give Intrinsic sugeestions and advices.  so, for the Constitutional posts, the Committe should be chaired by the said  Law and Legal and also Teaching Communities without any touch and colour upon Caste and Religion.  

Arup (UNEMPLOYED)     16 January 2012

"from the clutches of Britishers."   -  Agreed; Correct. 

Advocate General and Attorney General are government servants - while they are in the chair. 

The general policy is 'appointing authority' normally should be the 'removal authority'  but in case of constitutional post, authority of appointment and removal are not always same.

 

 

I propose my opinion in strict sense, that, Law and Legal Community and Teaching Community can alone determine and resolve the Constitutional Issues and can give Intrinsic sugeestions and advices.  so, for the Constitutional posts, the Committe should be chaired by the said  Law and Legal and also Teaching Communities without any touch and colour upon Caste and Religion.  


---   The people; The voters wish or will is the last word in a democracy, not the group or one or two communities. The power of the people must remain to them.
 


 


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