Chapter 45: ATTORNEY GENERAL OF INDIA

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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