Extension of Tenure for Attorney General of India

Extension of Tenure for Attorney General of India

Subject : Polity

Context : Recently, the central government is set to notify the reappointment of Senior Advocate K KVenugopal as Attorney General of India for a period of one more year.

Concept :

• Article 76 of the Constitution of India provides for the office of the Attorney General for India.
• He is the highest law officer in the country.

Appointment and Term of Attorney General of India

• He is appointed by the president.
• He must be a person who is qualified to be appointed a judge of the Supreme Court.
• It implies that he must be a citizen of India and he 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.
• The term of office of the AG is not fixed by the Constitution.
• The Constitution does not contain the procedure and grounds for his removal.
• He holds office during the pleasure of the president which means that he may be removed by the president at any time.
• He resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.

Duties and Functions of Attorney General of India

• To give advice to the Government of India upon such legal matters, which are referred to him by the president;
• To perform such other duties of a legal character which are assigned to him by the president; and
• To discharge the functions conferred on him by the Constitution or any other law

The president has assigned the following duties to the AG:

• To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
• To represent the Government of India in any reference made by the president to the Supreme Court under Article 143 of the Constitution.
• To appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned.

Rights and Limitations of Attorney General of India

• The Attorney General has the right of audience in all courts in the territory of India in the performance of his official duties.
• 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 he may be named a member, but without a right to vote.
• He enjoys all the privileges and immunities that are available to a Member of Parliament.
• The limitations are placed on the Attorney General in order to avoid any complication and conflict of duty:
• He should not advise or hold a brief against the Government of India.
• 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.
• He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
• He should not accept appointment as a director in any company or corporation without the permission of the Government of India.