- The Attorney General (AG) of India is a part of the Union Executive. AG is the highest law officer in the country.
- Article 76 of the Constitution provides for the office of AG of India.
Appointment and Eligibility:
- AG is appointed by the President on the advice of the government.
- S/he must be a person who is qualified to be appointed a judge of the Supreme Court, i.e. s/he must be a citizen of India and 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.
Term of office:
It is not fixed by the Constitution. Generally stays in office till the pleasure of the President.
Removal:
The Constitution does not state procedures and grounds for the removal of AG. S/he holds office at the pleasure of the President (may be removed by the President at any time).
Duties and Functions:
- To advise the Government of India (GoI) upon such legal matters, which are referred to her/him by the President.
- To perform such other duties of a legal character that are assigned to her/him by the President.
- To appear on behalf of the Central Government in all cases in the Supreme Court or in any case in any High Court in which the Central Government is concerned.
- To represent the Central Government in any reference made by the President to the Supreme Court under Article 143 (Power of the President to consult the Supreme Court) of the Constitution.
- To discharge the functions conferred on her/him by the Constitution or any other law.
Rights and Limitations:
- S/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 s/he may be named a member, but without a right to vote.
- S/he enjoys all the privileges and immunities that are available to a member of Parliament.
- S/he does not fall in the category of government servants. S/he is not debarred from private legal practice.
- However, s/he should not advise or hold a brief against the GoI.
The Solicitor General of India and Additional Solicitor General of India assist the attorney general in the fulfilment of the official responsibilities.
Also, check out: ELECTION COMMISSION OF INDIA
