JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTMENTCentral

Section 168 of The Navy Act, 1957

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--
1. (a)is a citizen of India, and
2. (b)has for at least ten years held a judicial office in the territory of India, or
3. (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--
1. (a)is a citizen of India, and
2. (b)has for at least seven years held a judicial office in the territory of India, or
3. (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--
1. (a)is a citizen of India, and
2. (b)is qualified for enrolment as an advocate or a leader of a High Court. Explanation.--For the purposes of this section,--
3. (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;
4. (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;
5. (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.

Summary

This provision gives the Central Government the power to appoint the Judge Advocate General of the Navy, a Deputy Judge Advocate General, and other judge advocates.
Every appointee to these positions must be a citizen of India.
To be the Judge Advocate General, a person must have held a judicial office in India or been a High Court advocate for at least ten years.
To be the Deputy Judge Advocate General, the required experience is at least seven years as a judge or High Court advocate.
A regular judge advocate only needs to be qualified to enroll as an advocate or pleader of a High Court.
The Central Government can relax the experience rules for the top two positions in urgent service situations, as long as they write down the reasons.

Practical examples

1Ananya, an Indian citizen who has worked as a High Court advocate for twelve years, is appointed as the Judge Advocate General of the Navy in 2026. Her experience meets the ten-year minimum requirement.

2A naval crisis occurs, and the Central Government urgently needs a new Deputy Judge Advocate General. They appoint a talented advocate with only six years of experience, recording their reasons in writing to legally relax the normal seven-year rule.

FAQ

1. Under Section 168 of The Navy Act, 1957, who appoints the Judge Advocate General of the Navy?

According to Section 168 of The Navy Act, 1957, the Judge Advocate General of the Navy is appointed by the Central Government.

2. What are the citizenship rules for becoming a judge advocate under Section 168 of the naval law?

Under Section 168 of the naval law, a person must be a citizen of India to be appointed as the Judge Advocate General, Deputy Judge Advocate General, or a judge advocate.

3. How much experience is needed to be the Deputy Judge Advocate General under Section 168 of the 1957 Act?

Section 168 of the 1957 Act requires a person to have held a judicial office in India or been a High Court advocate for at least seven years to be the Deputy Judge Advocate General.

Test yourself

Q1.Under Section 168 of The Navy Act, 1957, how many years must a person have been a High Court advocate to qualify as the Judge Advocate General?

Q2.According to Section 168 of the naval law, what is the minimum qualification required to be appointed as a regular judge advocate?

Q3.Under Section 168 of the 1957 Navy Act, who has the power to relax the experience requirements for the Judge Advocate General in the exigencies of service?

Q4.Section 167 penalized prison keepers, while Section 168 of The Navy Act, 1957 deals with legal appointments. Which of the following is counted as a "judicial office" when calculating someone's experience under Section 168?

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