Attorney General

Notes

Art. 76 provides for the Attorney General of India (AG), the highest law officer of the Government.

Appointment and tenure

Appointed by the President. Qualifications: a person qualified to be a Supreme Court judge (citizen; High Court judge for five years, or High Court advocate for ten years, or distinguished jurist).
Holds office during the pleasure of the President; no fixed term; remuneration decided by the President. Normally resigns when the Government changes.

Duties (Art. 76(2))

Advise the Government of India on legal matters referred or assigned.
Perform other legal duties assigned by the President.
Appear on behalf of the Government in the Supreme Court and, with permission, in High Courts and other cases where the Government is concerned.
Represent the Government in Presidential References (Art. 143).

Rights and limitations

Art. 88: right to speak and take part in proceedings of both Houses of Parliament, their joint sittings and committees of which he is named a member, without a vote. Enjoys the privileges of an MP.
Not a government servant; may engage in private practice, but should not advise against the Government, defend an accused in a criminal case without permission, or accept a directorship in a company without permission.
The Solicitor General and Additional Solicitors General (not constitutional posts) assist the AG.

Key Points

Art. 76; appointed by the President; qualified to be a Supreme Court judge.
Holds office during the pleasure of the President.
Right to speak in Parliament without a vote (Art. 88).
Can have private practice with restrictions.
Solicitor General is a statutory (non-constitutional) post.

MCQs

Q1. The Attorney General of India is appointed by the: (a) Prime Minister (b) President (c) Chief Justice of India (d) Law Minister Ans: (b).

Q2. The Attorney General can take part in the proceedings of Parliament: (a) With a vote (b) Without a vote (c) Only in the Rajya Sabha (d) Not at all Ans: (b). Art. 88.

Q3. Which of the following is NOT a constitutional post? (a) Attorney General (b) Comptroller and Auditor General (c) Solicitor General (d) Advocate General Ans: (c).