ATTORNEY GENERAL

  • November 3, 2020
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Subject : Polity

Context : Attorney-General declined consent to initiate contempt proceedings against Andhra Pradesh Chief Minister.

Concept :

  • The Attorney General (AG) of India is a part of the Union Executive. AG is the highest law officer in the country.
  • Article 76 of the Constitution provides for the office of AG of India.
  • AG is appointed by the President on the advice of the government.
  • S/he must be a person who is qualified to be appointed a judge of the Supreme Court, i.e. s/he must be a citizen of India and must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President.
  • Term of the Office: Not fixed by the Constitution.
  • Procedures and grounds for the removal of AG are not stated in the Constitution. S/he holds office during the pleasure of the President (may be removed by the President at any time).

Duties and Functions:

  • To give advice to the Government of India (GoI) upon such legal matters, which are referred to her/him by the President.
  • To perform such other duties of a legal character that are assigned to her/him by the President.
  • To appear on behalf of the GoI in all cases in the Supreme Court or in any case in any High Court in which the GoI is concerned.
  • To represent the GoI in any reference made by the President to the Supreme Court under Article 143 (Power of the President to consult the Supreme Court) of the Constitution.
  • To discharge the functions conferred on her/him by the Constitution or any other law.

Rights and Limitations:

  • S/he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which s/he may be named a member, but without a right to vote.
  • S/he enjoys all the privileges and immunities that are available to a member of Parliament.
  • S/he does not fall in the category of government servants. S/he is not debarred from private legal practice.
  • However, s/he should not advise or hold a brief against the GoI.
  • Solicitor General of India and Additional Solicitor General of India assist the AG in fulfillment of the official responsibilities.
  • Corresponding Office in the States: Advocate General (Article 165).
ATTORNEY GENERAL Polity