Test: Attorney General of India - UPSC MCQ

The Constitution of India (Article 76) has provided for the office of the Attorney General for India, who is the highest law officer in the country.

The Attorney General is appointed by the President of India. He must be a person who is qualified to be appointed as a judge of the Supreme Court.

The Attorney General must be a citizen of India and must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the president.

The term of office of the Attorney General is not fixed by the Constitution. He holds office during the pleasure of the president.

As the chief law officer of the Government of India, the duties of the AG include giving advice to the Government of India upon legal matters, performing legal duties assigned by the president, and discharging functions conferred on him by the Constitution or any other law.

In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.

The Attorney General has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote.

The Attorney General should not advise or hold a brief against the Government of India, should not defend accused persons in criminal prosecutions without the permission of the Government of India, and should not accept appointment as a director in any company or corporation without the permission of the Government of India.

In addition to the AG, there are other law officers of the Government of India. They are the solicitor general of India and additional solicitor general of India. They assist the AG in the fulfilment of his official responsibilities.

It should be noted here that only the office of the AG is created by the Constitution. In other words, Article 76 does not mention the solicitor general and additional solicitor general.