Time to rethink, reimagine and reform legal systems
- February 4, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Time to rethink, reimagine and reform legal systems
Subject: Polity
Section: National body
Context:
- Prime Minister Narendra Modi underscored the need to “rethink, reimagine and reform” legal systems even as Chief Justice of India D.Y. Chandrachud pointed out that government law officers should remain impervious to the politics of the day and conduct themselves with dignity in court.
Attorney General of India
- Under Article 76, The Constitution of India has provided for the office of the Attorney General (AG) for India.
- He is the highest law officer in the country.
- As a chief legal advisor to the government of India, he advises the union government on all legal matters.
- He is also the primary lawyer representing the Union Government in the Supreme Court and High Court of India.
- 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.
About Solicitor General of India
- Law Officer (Conditions of Service) Rules, 1987 provides for the functions of Law Officer which includes the Attorney-General for India, the Solicitor- General for India, Additional Solicitor-General for India. Unlike the AG, Solicitor General’s duties and functions are not provided in the Constitution of India.
- He is the secondary law officer of India after then attorney General of India and assists the AG in performing his responsibilities.
- Under the Conditions of Service Rules, Law Officer including the Solicitor General is appointed for a period of 3 years and can be re-appointed.
Duties of Solicitor General Law Officer of India
- Give advice to the Government of India upon such legal matters, and perform legal duties which may be referred or assigned by the Government of India.
- Appear in the Supreme Court or in any High Court on behalf of the Government of India in cases including suits, writ petitions, appeal and other proceedings in which the Government of India is concerned as a party or is otherwise interested.
- Represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
- Discharge such other functions as are conferred on a Law Officer by or under the Constitution or any other Law for the time being in force.
Additional Solicitor General of India
- The Additional Solicitor General of India, also known as the ASG, is the third-ranked law-officer in the Indian government.
- The post of ASG is not constitutional as the constitution does not have any provisions regarding this.
- The seat of the Additional Solicitor-General of India may be at New Delhi or Mumbai or Chennai or Allahabad as the Government of India specifies.
- The post of ASG is governed by Law Officers (Conditions of Service) Rules, 1987.
Advocate General
- Under Article 165 of the Constitution of India the Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State.
- The Advocate General is the Highest legal officer in the state in India.
- He possesses the complete authority to present himself in any court within the state.
- He lacks voting privileges in the proceedings of the state legislature or any committees initiated by the state legislature. However, he does retain the right to speak and participate in these proceedings.