168. Appointment of the Judge Advocate General of the Navy and his subordinate officers.—(1)
There shall be appointed by the Central Government a Judge Advocate General of the Navy and as many
judge advocates in the department of the Judge Advocate General of the Navy as the Central Government
may deem necessary.
(2) Out of the judge advocates so appointed, the Central Government may designate any one to be the
Deputy Judge Advocate General of the Navy.
(3) A person shall not be qualified for appointment as Judge Advocate General of the Navy
unless he—
(a) is a citizen of India, and
(b) has for at least ten years held a judicial office in the territory of India, or
(c) has for at least ten years been an advocate of a High Court or two or more such courts in
succession
1
[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to
do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in
clause (b) or clause (c) in respect of any person.]
(4) A person shall not be qualified for appointment as Deputy Judge Advocate General of the Navy
unless he—
(a) is a citizen of India, and
(b) has for at least seven years held a judicial office in the territory of India, or
(c) has for at least seven years been an advocate of a High Court or two or more such courts in
succession.
1
[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to
do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in
clause (b) or clause (c) in respect of any person.]
(5) A person shall not be qualified for appointment as a judge advocate unless he—
(a) is a citizen of India, and
(b) is qualified for enrolment as an advocate or a leader of a High Court.
Explanation.—For the purposes of this section,—
(a) in computing the period during which a person has been an advocate of a High Court, there
shall be included any period during which the person has held judicial office after he became an
advocate;
1. Ins by Act 53 of 1974, s. 17 (w.e.f. 16-12-1974).
53
(b) in computing the period during which a person has held judicial office in the territory of India
or been an advocate of a High Court, there shall be included any period before the commencement of
the Constitution during which he has held judicial office in any area which was comprised before the
15th day of August, 1947, within India as defined in the Government of India Act, 1935, or has
practised as an advocate of any High Court in any such area as the case may be;
(c) the expression “judicial office” shall be deemed to include the office of the Judge Advocate of
the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of
the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the
Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act.
169. Functions of the Judge Advocate General of the Navy.—It shall be the duty of the Judge
Advocate General of the Navy to perform such duties of a legal and judicial character pertaining to the
Indian Navy as may from time to time be referred or assigned to him by the Central Government or the
Chief of the Naval Staff, and to discharge the functions conferred on him by or under this Act or any
other law for the time being in force.
170. Discharge of functions of the Judge Advocate General of the Navy in his
absence.—The functions of the Judge Advocate General of the Navy shall in his absence on leave or
otherwise, be performed by such one of the judge advocates in his department as may be designated in
this behalf by the Chief of the Naval Staff.