Introduction

Attorney General of India is considered as the highest law officer of the country. Article 76 of the Constitution of India, 1950 (COI) contains provisions in relation to the Attorney General of India.

Article 76 of COI

• This Article states that -

(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.

(4) The Attorney-General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine.

Appointment and Term

• The Attorney General is appointed by the President.
• He must be qualified to be appointed a judge of the Supreme Court.
• In other words, 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, in the opinion of the President.
• The term of office of the Attorney General is not fixed by the COI. He holds the office during the pleasure of the president.
• The COI does not contain the procedure and grounds for his removal. This means that he may be removed by the President at any time.
• He may also quit his office by submitting his resignation to the President.
• The remuneration of the Attorney General is not fixed by the COI. He receives such remuneration as the president may determine.

Duties of the Attorney General

• The duties of the Attorney General include the following:
  • 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 that are assigned to him by the President.
  • To discharge the functions conferred on him by the COI or any other law.
  • 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 COI.
  • 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 of the Attorney General

• • The rights of the Attorney General include the following:
  • In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.
  • 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.

Limitations of the Attorney General

• Following 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.
  • He should not advise any Ministry or department of Government of India or any statutory organization or any public sector undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs.