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All About Attorney General of India UPSC CSE

Attorney General of India

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Summary of Attorney General of India

Current Attorney General of India, Mr. R. Venkataramani, succeeded Mr K. K. Venugopal and will hold office for a period of three years. The Attorney General, holds the highest legal position in the Government of India. According to the Constitution Article 76, the Attorney General must possess qualifications equivalent to a Supreme Court Judge. The Attorney General enjoys privileges and immunities similar to Members of Parliament. Even though he has the right to participate in parliamentary proceedings he has no voting rights. In the legal domain, the Attorney General has the right of audience in all Indian courts The primary role of the Attorney General involves advising the central government on referred legal matters and executing legal duties assigned by the President. Additionally, the Attorney General carries out other legal duties designated by the President.

Current Attorney General of India: Mr. R. Venkataramani, succeeded Mr K. K. Venugopal. He began his tenure as Attorney General from 01.10.2022 and will hold office for a period of three years.

Duty and Functions: The Attorney General as the chief law officer and the lawyer of Government of India has the following functions as per the provisions of Article 76: a) to give advice to the Government of India upon such legal matters, which are referred to him by the President. b) to perform the duties of legal character that are assigned to him by the President. c) discharge functions conferred on him by the Constitution or any other law.

The President in exercise of his powers under under Article 76(2) has assigned further duties to the office of the Attorney General vide a Gazette Notification in 1950, which are as follows: a) to appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned (a party to). b) to represent the Government of India in any reference made by the President to the Supreme Court under Article 143. c) to appear (when required by the Government of India) in any High Court in any case which the Government of India is concerned.

Qualifications: He/She must possess qualifications to be a Judge at the Supreme Court of India meaning that: a) he must be a citizen of India and b) he must have served as a judge of any High Court for a term of 5 years or c) been an advocate of an High Court for a term of 10 years or d) he must be an eminent jurist in the opinion of the President of India.

Rights: the Attorney General has the following rights: a) Article 76(2): right of audience in all the courts of India. b) Article 88: confers the following rights to the Attorney General (these rights do not confer the right to vote to the Attorney General) : i. Right to speak and take part in proceedings at both the houses of the Parliament. ii. To sit in a joint sitting of either of the houses. iii. To sit in the Parliamentary Committee (of which he is named a member). The Attorney General is not a member of the Central Cabinet as he is distinct from the office of the Minister of law.

Background of Attorney General of India

The Attorney General’s office in India originated during the British Colonial era; it was introduced in the Government of India Act of 1919. Initially the office was called Advocate General. The Government of India Act 1935 specified conditions for appointment and their functions in advising the government on legal matters. After Independence, the provisions of the Government of India Act 1935 were incorporated in Article 76 of the Constitution and the name of the Office of Advocate General was changed to Attorney General (hereinafter referred to as “AG”).

Introduction of Attorney General of India

The Attorney General’s appointment is made by the President. He is not a member of the Central Cabinet as he is distinct from the office of the Minister of law, however he is the highest legal officer of the Central Government. It is important to note that since the Attorney General does not fall within the category of a full-time counsel of the Government of India or category of Public servant, he is not barred from pursuing his private legal practice. However there are restrictions on the kind of matters the Attorney General can take so that conflict of interest can be avoided.

Qualifications

He/She must possess qualifications to be a Judge at the Supreme Court of India meaning that: a) he must be a citizen of India and b) he must have served as a judge of any High Court for a term of 5 years or c) been an advocate of an High Court for a term of 10 years or d) he must be an eminent jurist in the opinion of the President of India.

Tenure

the term of tenure of AG is not fixed by the Constitution. The term of tenure can be fixed by the Central Government while making the appointment and the term can also be extended.

Removal and Resignation

Duty and Functions

As the chief law officer and the lawyer of Government of India AG has the following functions as per the provisions of Article 76:

  1. to give advice to the Government of India upon such legal matters, which are referred to him by the President.
  2. discharge functions conferred on him by the Constitution or any other law.
  3. to perform the duties of legal character that are assigned to him by the President. In 1950 these duties were assigned to include appearance on behalf of the government of India
    1. Before Supreme Court in a matter where Government is a party
    2. Before Supreme Court in a matter which has been referred by the President under Article 143
    3. Before the High Court in a matter where the Government of India is a party.

Rights

Limitations

  1. He should not advise or appear against the Union of India.
  2. he should not appear in cases unless he is called upon or advised to appear for the Government of India.
  3. he should not defend an accused person in criminal prosecution without prior permission from the Government of India.
  4. he should not accept directorship of a Company or a Corporation without the permission of the Government of India.

Difference between the office of Attorney General (Article 76) and Advocate General (Article 165)

Conclusion of Attorney General of India

The Attorney General is a legal advisor and pleader of the Government of India, provided for in Article 76 of the Constitution of India. He is a part of the Union Executive. From its colonial origins to the present, the office has evolved to become a crucial advisor to the central government, ensuring that legal matters are approached with the highest standards. The office is supported and assisted by Solicitors and Additional Solicitor Generals.

It is a political position where the appointment and term is co-terminus with that of the Central Government. However space for independent assessment should be given to perform their best legal services for the State, instead of being dictated terms.

Prelims PYQS of All About Attorney General of India

Consider the following statements : (2022)
1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.
2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.
Which of the statements given above is/are correct ?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer :(d) Neither 1 nor 2
Consider the following statements: (2013)
Attorney General of India can
1. take part in the proceedings of the Lok Sabha
2. be a member of a Committee of the Lok Sabha
3. speak in the Lok Sabha
4. vote in the Lok Sabha

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 4 only
(c) 1, 2 and 3 only
(d) 1 and 3 only

Correct Answer :(c) 1, 2 and 3 only

Main PYQS of All About Attorney General of India

“The Attorney-General is the chief legal advisor and the lawyer of the Government of India” discuss. (2019)

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