Attorney General (Article 76) | SSC CGL Tier 2 - Study Material, Online Tests, Previous Year PDF Download

Attorney General of India

• The Attorney General serves as India's foremost law enforcement officer.

• Functioning as the principal legal advisor to the Indian government, the Attorney General provides counsel on all legal issues.

• The establishment of the Attorney General's office is outlined in Article 76 of the Indian Constitution.

• Additionally, the Attorney General acts as the primary legal representative for the Union Government in dealings with the Indian Supreme Court.

• The Attorney-General holds the power to address the Houses of Parliament and its committees but lacks the right to vote, even without Cabinet membership.

• Enjoying the same privileges and immunities as a member of parliament, the Attorney General holds a special status.

• The equivalent office to the Attorney General in the States is the Advocate General, as per Article 165.

R. Venkataramani - Attorney General of India

Attorney General - Appointment And Term:

• The President appoints the Attorney General.

• The appointee must be eligible to be a Supreme Court judge, i.e., a citizen of India with five years as a high court judge, ten years as a high court advocate, or recognized as an eminent jurist by the President.

• The Constitution doesn't specify a fixed term for the Attorney General.

• The removal process and grounds are not outlined, granting the President the authority to remove the Attorney General at their discretion.

• The Attorney General can resign by submitting resignation to the President.

• Remuneration is determined by the President.

Duties And Functions:

• Advises the Government on legal matters referred by the President.

• Performs legal duties assigned by the President.

• Executes functions conferred by the Constitution or other laws.

• Additional duties assigned by the President include representing the Government in Supreme Court cases, handling references made by the President to the Supreme Court, and appearing in high courts when required.

Rights Of Attorney General:

• Has the right of audience in all Indian courts during official duties.

• Can speak and participate in parliamentary proceedings but lacks voting rights.

• Enjoys privileges and immunities akin to a Member of Parliament.

Limitations Placed On The Attorney General:

• Cannot advise or hold a brief against the Government.

• Should not advise or hold a brief in cases where advising or representing the Government is involved.

• Cannot defend accused persons in criminal cases without Government permission.

• Prohibited from accepting directorial roles in companies without Government approval.

• Advising ministries, departments, or organizations requires proposals through the Ministry of Law and Justice.

• While not a full-time government servant, the Attorney General is not barred from private legal practice.

• Not a member of the Central cabinet; separate law minister oversees legal matters.

• Delhi High Court deems the Attorney General's office not subject to the Right to Information (RTI) Act, as it is not a public authority.

List Of Attorney Generals In India

Solicitor General Of India

• Alongside the Attorney General, the Government of India has other law officers, namely the Solicitor General of India and the Additional Solicitor General of India, who support the Attorney General in carrying out official duties.

• The roles of the Solicitor General and Additional Solicitor General are not explicitly mentioned in Article 76.

Conclusion

• The Constitution establishes the position of the Attorney General 'for' India, emphasizing that the AG represents the people of India rather than the government.

• The Attorney General, in contrast, is not a full-time legal counsel for the government and is not exclusively employed by the government.

• There is no restriction on the Attorney General practicing law in the private sector.

• The selection of the Attorney General, the subjects referred to them for legal advice, and their remuneration are determined by the Union Cabinet.