Chapter 45: ATTORNEY GENERAL OF INDIA

• The office of the Attorney-General is one of the offices placed on a special footing by the Constitution. He is the first Law Officer of the Government of India




• Though the Attorney-General of India is not (as in England) a member of the Cabinet, he shall also have the right to speak in the Houses of Parliament or in any Committee thereof, but shall have no right to vote.




• By virtue of his office, he is entitled to the privileges of a member of Parliament. In the performance of his official duties, the Attorney-General shall have a right of audience in all Courts in the territory of India.




• He shall receive such remuneration as the President may determine. He is not a whole-time counsel for the Government nor a Government servant.

Introduction

Highest law officer of the country. It is a constitutional position. He is appointed by the president and must be qualified to appoint as a SC Judge. His term, grounds of removal, salary are fixed by the president as the constitution doesn’t have it. Since it is a political appointment he resigns when the government is changed.

Duties:

        1.      Legal advisor to the government on matters which are referred to him by the president.

        2.      To discharge functions as assigned to him by constitution.

  3.      To appear on behalf of Govt of India in SC or HC when a case concerning the government is decided.

Rights and Limitations:

        1.      He can attend house proceeding and speak in both houses but can’t vote.

        2.      He has right to be heard in all courts.

        3.      He enjoys all privileges of a member of the house.

Limitations on him to prevent conflict of interest and complications:

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 Government of India.

3. He should not defend accused persons in criminal prosecutions without the permission of the Government of India.

4. He should not accept appointment as a director in any company or corporation without the permission of the Government of India.

However it is not a full time post and he can engage in private legal practice. He can also be reappointed or is eligible for any other government appointment after ceasing to hold office. The other law officers of the Govt of India are solicitor general and additional solicitor general. They are non constitutional, non statutory posts created to assist the attorney general in his duties.

Quiz

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