In this law article, you will read about the Attorney General of India (AGI), his appointment, tenure, duties, limitations, facts, and more.
What Is the Post of the Attorney General of India?
The Attorney General of India is the central government’s primary legal counsel and represents the government before the Indian Supreme Court. The Union Executive includes the Attorney General of India. Article 76 of Part V of the Indian Constitution describes the position of the Attorney General and its responsibilities in detail.
The Attorney General is the Union Government’s primary legal representative. They are in charge of defending the Indian government in front of the Indian Supreme Court. The appointment of the attorney general should not be influenced by politics.
Appointment
The President of India appoints the Attorney General on the advice of the government, and these are the required qualifications:
- He should be a citizen of India.
- He must have served as a judge in a High Court for at least five years or as an advocate for ten years.
- In the opinion of the President, he may also be an eminent jurist.
- He must be qualified to be appointed as a Supreme Court judge.
In addition to carrying out any additional legal tasks assigned to him or her by the President, he or she provides legal counsel to the Indian government on the topics mentioned by the President. Furthermore, he fulfils the obligations imposed by the Constitution or another piece of legislation.
Tenure
The Attorney General’s term of office is not specified in the Constitution. Furthermore, the Constitution does not outline the procedure and grounds for his removal. However, you can know the following facts about his office:
- He is subject to removal by the President at any time.
- He can only resign by submitting his resignation to the President.
- He is conventionally removed when the Council is dissolved or replaced because he is appointed by the President on the advice of the Council of Ministers.
Duties
As the country’s Chief Law Officer, the Attorney General of India is accountable for the following responsibilities:
- He advises the Government of India on legal matters referred to or assigned to him by the President.
- The President continues to refer him to legal matters that are of interest to him, and the Attorney General must advise him on those as well.
- He performs the functions delegated to him by or under the Constitution or any other law.
The President of India has delegated the following duties to the Attorney General:
- He appears on behalf of the government of India in all Supreme Court cases concerning the government of India.
- He represents the government of India in any reference to the Supreme Court made by the President under Article 143 of the Constitution.
- He also appears in the High Court if any issue relates to the Government of India.
Limitations
The Attorney General is subjected to certain limitations, which he should be aware of in order to avoid a conflict of interest:
- He should not offer advice or file a lawsuit against the Indian government.
- He should not accept a position as a director in any company without the government’s permission.
- Without authorisation from the Indian government, he should not represent defendants in criminal proceedings.
Facts About the Attorney General of India
- The Attorney General has the right to audience in all courts throughout India’s territory.
- The Attorney General has the right to speak and participate in the proceedings of both Houses of Parliament or their joint sittings, as well as any committee of Parliament to which he may be appointed (without a right to vote).
- He has the same powers as a Member of Parliament in terms of immunities and privileges.
- He is not entitled to vote when he participates in the Indian Parliament’s proceedings.
- He does not fall into the category of government servants.
- He is assisted by the Solicitor General and the Additional Solicitor General of India.
- It should be noted that the Attorney General is not barred from practising law in private. He is not a government employee because he is not paid a fixed salary, and his pay is determined by the President.
Conclusion
So now we clearly understand who the Attorney General of India is! He is appointed by India’s President and serves for as long as the President desires.
The Attorney General is India’s chief legal advisor, who is assisted by the Solicitor General. After consulting with the law ministry, the attorney general oversees only critical government decisions.
He is India’s highest law officer and is paid the same as a Supreme Court judge. Since AG is not a servant of the government, he is also allowed to continue his private practices.
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