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Order of Precedence challenged

By IndianMandarins- 15 Apr 2018
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order-of-precedence-challengedThe Order of Precedence, which shows the hierarchy of positions, stands challenged. A PIL has been filed at Raipur; and the Chhattisgarh High Court asked the State government last week to respond to the PIL moved by two advocates objecting to the "disrespectful" placement of State Advocate General at serial number 25, much below Additional Secretary to Government of India and the Additional Solicitor General of India, in India's Order of Precedence. The petitioners have sought a HC direction to place State Advocate General at par with the Attorney General of India at serial number 11. A bench of Chief Justice TB Radhakrishnan and Justice Sharad Gupta asked the ASG to take instructions from the President's Secretariat while asking the State government to respond by May 10. The petitioners, Koshram Sahu who is the chairman of the Chhattisgarh Bar Council, and Ramnarayan Vyas, who is a member of the Bar Council, have challenged the placement of Advocate General of State below many other offices like that of Additional Solicitor General, which, they say, do not trace their origin from the Constitution whereas the office of Advocate General is a Constitutional post under Article 165 and has a long history attached to attached to it. It is to be noted here that Advocate General, who is the supreme law officer of the state, is also an ex-officio member of the State Bar Council. The petitioners have impleaded the Secretariat of the President of India, Ministry of Home Affairs, Ministry of Law and Justice, and the State of Chhattisgarh. The petitioners have prayed for a direction to the respondents to "suitably modify the table of precedence dated 26/7/1979 and to direct that the Advocate General of the State may be placed on par with the Attorney General of India who is placed at Sr. No.11 over and above the Cabinet Secretary to Government of India and Lieutenant Governors". They have also contested the order of precedence published by the State of Chhattisgarh in 2013 in which, the Advocate General is placed at Sr. No. 22 along with Deputy Ministers of Chhattisgarh, Members of Parliament, Parliamentary Secretary of Chhattisgarh, Government Chief Whip of Chhattisgarh, Former Speaker of Chhattisgarh, Chairman, Chhattisgarh Arbitration Tribunal, Chairman of Chhattisgarh State Waqf Tribunal, and Chairman of Chhattisgarh State Consumer Disputes Redressal Commission.

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