Can a CTG Adviser resign?
As per article 58C (9) the Chief Adviser or an Adviser may submit his resignation to the President but as per Article 58D (1) the caretaker government SHALL discharge its functions as an interim govt. and carry out the assigned functions.
While under Article 58C the CTG shall consist of the Chief Adviser at its head and not more than ten other Advisers, the CTG functions as an unit which SHALL discharge its functions accordingly. It is significant that in Article 58C, and Article 58D the world "SHALL" has been consistently used, making it obligatory for them to carry on their task.
What then was the intention of the framers of the Constitution? Perhaps they reasoned that the Chief Adviser and Advisers should complete their full term. It is significant that as per Article 57 of the Constitution the office of the Prime Minister shall become vacant if s/he resigns, while Article 58 (1) relates to the Ministers. The term "office" implies an authority to exercise some portion of the sovereign power in making, executing or administering the laws (Black's Law Dictionary, P. 1083) whereas in case of an Adviser in a similar situation s/he does not vacate his/her office. Therefore the resignation of an Adviser is of a different kind and perhaps not envisaged to happen within the period as prescribed by Article 58 B (1).
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