Attorney General of India

Introduction

Article 76 - Part V of the Indian Constitution provides for the Office of the Attorney General of India. He is the highest law officer in the country.

Appointment

By the President.

Qualification

A person who is qualified to be a judge of the Supreme Court.

In other words,

1.      He must be a citizen of India and

2.      He must have been a judge of some high court for 5 year or

3.      He must have been an advocate of some high court for 10 years or

4.      He must be an eminent jurist, in the opinion of the President.

Tenure

Not fixed by the constitution.

Removal

1.      The constitution does not contain the procedure and grounds for his removal.

2.      He holds office during the pleasure of the President. This means that he may be removed by the President at any time.

3.      He may also quit his office by submitting his resignation to the President.

Remuneration

1.      Not fixed by the constitution.

2.      He receives such remuneration as the President may determine.

Functions

As the Chief Law officer

1.      On the reference made by the President,

§  He gives advice to the Government of India upon such legal matters.

§  He performs such other duties of legal characters and

2.      He also discharges other constitutional duties.

Duties Assigned by the President

1.      To appear in the Supreme Court on behalf of the Government of India in all cases in which it is concerned.

2.      Under Article 143 Part V - To represent the Government of India in the Supreme Court on reference made by the President.

3.      To appear in any high court in any cases in which Government of India is concerned (when required by the Government of India).

Rights & Limitation

Rights

1.      He has the right of audience in all courts in the territory of India.

2.      He has the right to take part and speak in the proceedings of both the house of Parliament or their Joint sittings and any Committee of the Parliament (but without right to vote).

3.      He enjoys all the privileges & immunities that are available to Members of Parliament.

Limitation

1.      He should not advise against or hold a case against the Government of India.

2.      He should not defend an accused persons in criminal prosecutions without the permission of Government of India.

3.      He should not accept appointment as a directors in any company or corporation without the permission of Government of India.

Others

1.      He does not fall in the category of Public Servants.

2.      Further, he can perform private legal practice.