Laxmikanth Summary: Attorney General of India | Indian Polity for UPSC CSE PDF Download

 Introduction

• The Constitution of India, specifically in Article 76, has established the position of the Attorney General.
• The Attorney General is recognized as the highest legal officer in the country.
• This role involves providing legal advice to the government and representing it in court cases.
• The Attorney General plays a crucial part in ensuring that the laws and constitution are upheld.
• They also have the responsibility of overseeing legal matters and guiding other government legal representatives.

Attorney General of India

Appointment and Term

•  The Attorney General (AG) is appointed by the President. 
• To qualify for the AG position, a person must meet certain criteria: 
  • Must be a citizen of India. 
  • Must have served as a judge of a high court for at least five years. 
  • Alternatively, must have worked as an advocate in a high court for ten years. 
  • Can also be an eminent jurist, according to the President's opinion. 
• The term of office for the AG is not set by the Constitution. 
• There are no specific rules in the Constitution regarding how the AG can be removed. 
• The AG serves at the pleasure of the President, meaning the President can remove them at any time. 
• The AG can also leave their position by giving a resignation to the President. 
• Traditionally, the AG tends to resign when the government or council of ministers resigns or is changed, since the AG is appointed based on their advice. 
• The salary of the AG is not fixed by the Constitution. 
• The AG receives a salary that the President decides. 

Duties and Functions

 The Attorney General (AG) serves as the main legal advisor to the Government of India. His or her responsibilities include: 

• Providing legal advice to the Government of India on matters referred by the President.
• Carrying out other legal duties assigned by the President.
• Performing functions given by the Constitution or other laws.

The President has specifically assigned the following roles to the AG: 

• To represent the Government of India in all cases before the Supreme Court that involve the Government.
• To act on behalf of the Government in any references made by the President to the Supreme Court under Article 143 of the Constitution.
• To appear in any High Court case involving the Government of India, when requested by the Government.

Rights and Limitations

•  In carrying out his or her official responsibilities, the Attorney General (AG) has the right to be heard in all courts within India. 
•  The AG can speak and participate in the meetings of both Houses of Parliament, as well as their joint sessions and any committee of Parliament where he or she is a member, although the AG does not have the right to vote. 
•  The AG enjoys all the rights and protections that a member of Parliament receives. 
• To prevent any conflicts or complications in duty, the following restrictions are imposed on the AG: 
  • The AG must not give advice or represent anyone against the Government of India. 
  • The AG should not provide advice or represent the Government of India in cases where he or she is required to give advice or appear for the Government. 
  • The AG cannot defend individuals accused in criminal cases without the approval of the Government of India. 
  • The AG must not take on a role as a director in any company or corporation without obtaining permission from the Government of India. 
  • The AG should not advise any ministry, department of the Government of India, statutory organization, or public sector undertaking unless the request comes through the Ministry of Law and Justice, Department of Legal Affairs. 
• It is important to note that the AG is not a full-time lawyer for the Government. He or she is not classified as a government employee and is allowed to engage in private legal work. 

Solicitor General of India

Solicitor General of India

• In addition to the Attorney General (AG), there are other legal officers in the Government of India.
• These officers include the Solicitor General of India and the Additional Solicitor General of India.
• They provide help to the AG in carrying out their official duties.
• It is important to note that only the position of the AG is established by the Constitution.
• In simpler terms, Article 76 does not mention the roles of the Solicitor General or the Additional Solicitor General.
• The AG is not part of the Central Cabinet.
• There is a separate Law Minister in the Central Cabinet who handles legal issues for the government.