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
shall receive such remuneration as the President may determine. He is not a
whole-time counsel for the Government nor a Government servant.
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
advisor to the government on matters which are referred to
him by the
discharge functions as assigned to him by constitution.
appear on behalf of Govt of India in SC or HC when a case
government is decided.
can attend house proceeding and speak in both houses but
has right to be heard in all courts.
enjoys all privileges of a member of the house.
Limitations on him to prevent
conflict of interest and complications:
should not advise or hold a brief against the Government
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
statutory posts created to assist the attorney general
in his duties.
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