Q. Consider the following statements:

Attorney General of India can

  1. Take part in the proceedings of the Lok Sabha
  2. Be a member of a committee of the Lok Sabha
  3. Speak in the Lok Sabha
  4. Vote in the Lok Sabha

Which of the statements given above is/are correct?

  • 1 only
  • 2 and 4 only
  • 1, 2 and 3 only
  • 1 and 3 only

Answer: (c) 1, 2 and 3 only

Attorney General of India (AGI):
  • 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 Attorney General of India (AGI) is a part of the Union Executive.
    • The Union Executive consists of:
      • The President,
      • The Vice-President,
      • The Prime Minister,
      • The Council of Ministers (CoM), and
      • The Attorney General of India (AGI).
    • It is to be noted that the Attorney General of India (AGI) is not a member of the Central Cabinet. There is a separate Law Minister to look after legal matters at the government level.
  • Qualifications:
    • To be appointed as the Attorney General of India (AGI), a person should be eligible to be appointed as a judge of the Supreme Court. Thus, he/she
      • Must be a citizen of India, and
      • Must have been a judge of a High Court for 5 years; OR an advocate of a High Court for 10 years; OR a distinguished jurist in the opinion of the President of India.
  • Term: The term of office of the Attorney General is not fixed by the Constitution.
  • Removal:
    • The Constitution does not contain the procedure and grounds for the removal of the Attorney General.
    • He holds office during the pleasure of the President.
      • Thus, he/she may be removed by the President at any time.
  • Resignation:
    • The Attorney General may quit his office by submitting his resignation to the President of India.
      • It has been a convention that he/she resigns when the government (Council of Ministers) resigns or is replaced, as he is appointed on the advice of the Council of Ministers.
  • Remuneration:
    • The remuneration of the Attorney General is not fixed by the Constitution.
      • He receives such remuneration as determined by the President.
Duties and Functions of Attorney General of India

In the capacity of the Chief Law Officer of the Government of India, the Attorney General of India has to perform the following duties:

  • To advise 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 Constitution or any other law.

Additionally, the President of India has assigned the following duties to the Attorney General of India (AGI):

  • 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.
Rights of Attorney General of India (AGI)

The Attorney General of India has the following rights:

  • He/she has the ‘Right of Audience’ in all courts in the territory of India in the performance of his/her official duties.
  • He/she 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 Attorney General of India

In order to avoid any conflict of duty or any complications therein, the following limitations are placed on the Attorney General of India (AGI):

  • 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 an 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 the 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.