ATTORNEY GENERAL#

 Attorney general is part of union executive with, The president and The council of ministers including prime minister.

Who is Attorney General of India?

Article 76 of the constitution mentions that he/she is the highest law officer of India. As a chief legal advisor to the government of India, he advises the union government on all legal matters.

He also is the primary lawyer representing Union Government in the Supreme Court of India. The Attorney General, like an Advocate General of a State, is not supposed to be a political appointee, in spirit, but this is not the case in practice.

Who appoints Attorney General of India?

President of India appoints a person who is qualified for the post of Supreme Court Judge. Attorney General is appointed by the President on the advice of the government. There are the following qualifications:

  1. He should be an Indian Citizen.
  2. He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate.
  3. He may be an eminent jurist too, in the eye of the President.

What is the term of Attorney General’s office?

There is no fixed term for the Attorney General of India. The Constitution mentions no specified tenure of Attorney General. Similarly, the Constitution also does not mention the procedure and ground of his removal.

You may know the following facts about his office:

  1. He can be removed by the President at any time.
  2. He can quit by submitting his resignation only to the President.
  3. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

What is the role of Attorney General of India?

Being the Chief Law Officer of the country, the Attorney General of India has to perform the following duties:

  1. Whichever legal matters are referred to him by the President, he advises the Union government upon the same.
  2. President keeps on referring him legal matters that suits his interest and Attorney General has to advise on those too.
  3. Apart from what President refers, he also performs the duties mentioned in the Constitution.
  4. The three duties that are assigned to him by the President are:
  • In any legal case where the government of India is related to, the Attorney General has to appear in the Supreme Court on its behalf.
  • He has to represent the Union Government in any reference made by the president to the Supreme Court under Article 143 of the Constitution.
  • He also appears in the High Court if any case is related to the Government of India.

What are the limitations on the Attorney General?

To avoid conflict of duty, there are a few limitations that are posted on the Attorney General which he should keep in mind while performing his duties:

  1. He should not advise or hold a brief against the Government of India.
  2. 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.
  3. He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
  4. He should not accept appointment as a director in any company or corporation without the permission of the Government of India.
Location: Hyderabad, Telangana, India

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