Wednesday, June 6, 2018

Attorney General of India

6. Attorney General of India
The Constitution (Article 76) has provided for the office of the Attorney General for India. He is the highest law officer in the country and is responsible for giving advice to the Government of India upon such legal matters and to perform such other duties of legal character as may be referred or assigned to him by the President.

Appointment and Term
      The Attorney General is appointed by the President. He must be person who is qualified to be appointed a judge of the Supreme Court i.e. he must be a citizen of India and he must have been a judge of a high court for five  years or an advocate of a high court for ten years or an eminent jurist in the opinion of the President.
      The term of Office of the AG is not fixed by the Constitution and it is also silent on the procedure and grounds for his removal. He holds office during the pleasure of the President and may be removed by him at any time. He may also quit his office by submitting his resignation to the president. Conventionally, he resigns when the government resigns or is replaced, as he is appointed on its advice.
      The remuneration of the AG is not fixed by the Constitution and is determined by the President. It must be noted that the AG is not a full-time counsel for the Government. He does not fall in the category of government servants and is not debarred from private legal practice.

Duties and Functions   
As the Chief Law Officer of the Government of India, the duties of the AG include the following   
1. To give advice to the Government of India upon such legal matters which are referred to him by the president
2. To perform such other duties of a legal character that are assigned to him by the president 3. To discharge the functions conferred on him by the Constitution or any other law

6.2.1 The president has assigned the following duties to the AG   
1. To appear on behalf of the GoI in all cases in the Supreme Court in which the GoI is concerned
2. To represent the GoI in any reference made by the president to the Supreme Court under Article 143 of the Constitution
3. To appear in any high court in any case in which the GoI is concerned


Rights and Limitations   
The AG has the right of audience in all courts in the territory of India. Further, he has the right to speak and participate in the proceedings of both the Houses of Parliament or their joint sitting or any committee of the Parliament of which he may be named a member, but without the right to vote. He enjoys all the privileges and immunities that are available to a member of Parliament.

Limitations
The AG does not have any executive authority as these functions are performed by the Law Minister of India; further, following limitations are placed on the AG in order to avoid any complication and conflict of duty   
1. He should not advise or hold a brief against the Government of India
2. He should not advise or hold a brief in cases in which he is called upon to advise or appear for the GoI
3. He should not defend accused persons in criminal prosecutions without the permission of the GoI
4. He should not accept appointment as a director in any company or corporation without the permission of GoI

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