[Revision Point] [Polity] The Attorney General of India


Who is the Attorney – General?

He is the highest law officer in the country.

Which article in the constitution provides for the Attorney – General?

Article 76 provides for the Attorney General of India.

Who appoints the Attorney – General?

He is appointed by the President.

What is the eligibility for a person to get appointed as the Attorney – General?

He must be a person who is qualified to be appointed as a judge of the Supreme Court.

What is the tenure of the Attorney – General?

  • The terms of office of the AG is not fixed by the Constitution.
  • The Constitution does not contain the procedure and grounds for his removal.
  • He holds office during the pleasure of the President, i.e., he may be removed by the President at any time.
  • He may also quit by resigning to the President.
  • Conventionally he resigns when the govt. i.e., the council of Ministers resigns or is replaced, as he is appointed on its advice.

 What are the Duties and Functions of the Attorney – General?

  • To give advance to the central govt. upon such legal matters which are referred to him by the President;
  • To appear on behalf of the central govt. in all cases in the Supreme Court in which the central govt. is concerned;
  • To represent the central govt. in any reference made by the President to the Supreme Court under Article 143 of the constitution;
  • To appear in any High Court in any case when required by the central govt.

What are the Rights and Limitations of the Attorney – General?

  • AG has the right of audience in all courts in the territory of India;
  • He has the right to speak and take part in the proceedings of both the Houses of Parliament of their joint sitting and any Committee of the Parliament of which he may be named a member, but without a right to vote;
  • He enjoys all the privileges and immunities that are available to a MP;
  • He should not advise or hold a brief against the Central Govt;
  • He should not defend accused persons in criminal prosecutions with the permission of the Central Govt;

 Is Attorney – General a Government Servant?

AG is not fully time counsel for the govt. he does not fall in the category of Govt. servants; he is not debarred from private legal practice.

Are there other law officers apart from the Attorney – General?

  • In addition to AG, there are other law officers of the govt. of India. They are the solicitor general of India and addition solicitor general of India. They assist the AG.
  • Only the office of AG is created by the const. Art. 76 does not mention about the solicitor general and additional solicitor general.

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