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"19. It is apparent from the above that the role of the AGI is
not limited to merely acting as a lawyer for the Government of
India as is contended by the respondent; the AGI is a
constitutional functionary and is also obliged to discharge the
functions under the Constitution as well as under any other
law.
20. Although, it cannot be disputed that AGI is a constitutional
functionary, the point in issue is whether he can be termed as
an ―authority‖. The respondent has relied heavily on the
decisions of the Supreme Court in Sukhdev Singh (supra) and
Som Prakash Rekhi (supra) to contend that the AGI cannot be
considered as an authority since the office of Attorney General
of India does not have the power to alter, by his own will
directed to that end, the rights, duties; liabilities or other legal
relations, either of himself or of other.
21. I am unable to accept the aforesaid contention, for the
reason that the term ―authority‖ as used in the opening
sentence of Section 2(h) of the Act cannot be interpreted in a
restrictive sense. The expression ―authority‖ would also
include all persons or bodies that have been conferred a power
to perform the functions entrusted to them. Merely because the
bulk of the duties of the AGI are advisory, the same would not
render the office of the AGI any less authoritative than other
constitutional functionaries. There are various bodies, which
are entrusted with ‗staff functions' (i.e. which are advisory in
nature) as distinct from ‗line functions'. The expression
―authority‖ as used in Section 2(h) cannot be read as a term to
exclude bodies or entities which are, essentially, performing
advisory functions.