Attorney General of India

Topics Discussed: -

·       Introduction

·       Appointment

·       Term of Office

·       Functions

·       Private Practice

·       Introduction

Ø Article 76 of the constitution mentions that he/she is the highest law officer of India. As a chief legal advisor to the government of India, he advises the union government on all legal matters.

Ø He also is the primary lawyer representing Union Government in the Supreme Court of India. The Attorney General, like an Advocate General of a State, is not supposed to be a political appointee, in spirit, but this is not the case in practice.

·       Appointment

President of India appoints a person who is qualified for the post of Supreme Court Judge. There are the following qualifications:

Ø He should be an Indian Citizen

Ø He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate

Ø He may be an eminent jurist too, in the eye of the President

·       Term of Office

ü The term of office of the Attorney General is not fixed by the Constitution.

ü Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the President. This means that he may be removed by the President at any time.

·       Functions

                                     I.            Attorney General is the first law officer of the government of India and acts as top advocate for Union Government.

                                  II.            He is responsible for giving advice to President/ Union Government upon such legal matters and to perform such other duties of legal character which are assigned to him by the President.

                     III.        He has right of audience in all courts within the territory of India.

                               IV.            He has also the right to speak and take part in proceedings of both the houses of parliament including joint sittings.

                                  V.            But cannot vote in parliament.

                               VI.            Further, he can also be made a member of any parliamentary committee but in the committee also, he has no power to vote.

                             VII.            He has all the powers and privileges that of a member of parliament.

·       Private Practice

ü Attorney General of India is not a full time Government servant.

ü He is an advocate of the government and is allowed to take up private practice, provided the other party is not the state.

ü Further, without permission of the government he cannot defend the accused persons in criminal matters.