Advocate General must step down after Manipur CM’s exit, says former Law Minister
O Joy flags legal & ethical issues in AG’s continuance post resignation of state cabinet;
Former Law Minister O Joy (left) speaking to the press at his residence in Manipur, on Tuesday. (AT Photo)
Imphal, April 8: Veteran politician and former Law Minister O Joy has raised serious concerns over the continued tenure of Advocate General Lenin Hijam in Manipur, questioning why he remains in office following the resignation of Chief Minister N Biren Singh and the imposition of President’s Rule in the state.
Submitting a memorandum to the Governor of Manipur, Joy called the situation "unprecedented," arguing that the Advocate General (AG) should step down, given that the government that appointed him no longer exists.
“The post of AG is a constitutional post, and the mode of appointment is political—made on the advice of the Chief Minister and endorsed by the Council of Ministers. Therefore, the AG is essentially a choice of the Chief Minister in power,” the memorandum stated.
Citing Article 165(3) of the Constitution, Joy asserted that the Advocate General serves at the pleasure of the Governor and should not continue once the appointing Chief Minister has stepped down.
“The Governor had no role in selecting Hijam Lenin Singh as the AG of Manipur, having appointed him solely on the recommendation of the then Chief Minister. However, under Article 165(3), there is no doubt that the AG shall hold office during the pleasure of the Governor,” the memorandum added.
Speaking from his residence in Imphal, Joy said formal complaints have also been submitted to the Union Home Minister, the Solicitor General of India, and the Chief Justice of the High Court of Manipur through their respective principal secretaries.
He further criticised the Advocate General for what he described as a disregard for legal ethics and constitutional convention. “Hijam Lenin Singh, closing his eyes to established practices, continues in office with tacit support from friends and relatives in high positions within the Government of India,” the memorandum said.
O Joy underscored the need to uphold constitutional norms and maintain the sanctity of legal appointments during periods of political transition. He urged the Governor to act swiftly and direct Lenin Hijam to step down from the post.
