46. Attorney General & Solicitor General Of India Flashcards
Appointment and term of the Attorney General of India:
AG is appointed by the President of India.
He must be a PERSON QUALIFIED TO BE APPOINTED AS A JUDGE OF THE SUPREME COURT. i.e. He must be a,
- citizen of India
- judge of a high court for 5 years or
- advocate of a high court for 10 years or
- an eminent jurist in the opinion of the President
He holds the office during the pleasure of the President. i.e. He may be removed by the President at any time. (NO fixed term or grounds of removal has been prescribed by the constitution)
He may also quit his office by submitting his resignation to the President.
Conventionally, he resigns when the govt (council of ministers) resigns or is replaced (as he is appointed by their advice).
Attorney General of India:
The Constitution (Article 76) has provided for the office of the Attorney General of India.
He is the HIGHEST LAW OFFICER IN THE COUNTRY.
What are the duties and functions of the Attorney General?
As the Chief Law Officer of the govt of India, the duties of the AG includes the following:
- To give ADVICE AND PERFORM SUCH OTHER LEGAL DUTIES TO AND FOR THE GOVT OF INDIA upon such legal matters, which are referred to him by the President.
- To DISCHARGE THE FUNCTIONS CONFERRED ON HIM BY THE CONSTITUTION or any other law.
The President has assigned the following duties to the AG:
- To APPEAR ON BEHALF OF THE GOVT OF INDIA in all cases in the SUPREME/HIGH COURT in which the govt of India is concerned.
- To REPRESENT THE GOVT OF INDIA in any reference made by the President to the Supreme Court (under Article 143 of the constitution)
What are the rights and limitations of the AG?
In performance of his official duties, AG gas a RIGHT OF AUDIENCE in ALL COURTS in the territory of India.
He has a RIGHT TO SPEAK AND TAKE PART in the proceedings of both the Houses of Parliament or joint sitting, 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.
Following limitations are placed on the AG in order to avoid any complication and conflict of duty:
- He should NOT advise or hold a brief against the govt of India.
- He should NOT advise or hold a brief in cases in which he is called upon to advise or appear for the govt of India.
- He should NOT defend accused person in criminal prosecutions without the permission of the govt of India.
- He should NOT accept appointment as a director in any company or corporation without the permission of the govt of India.
However,
the AG IS NOT A FULL TIME COUNSEL FOR THE GOVT.
HE DOES NOT FALL IN THE CATEGORY OF GOVT SERVANTS.
HE IS NOT DEBARRED FROM PRIVATE PRACTICE.
the AG IS NOT A MEMBER OF THE CENTRAL CABINET. There is a SEPARATE LAW MINISTER IN THE CENTRAL CABINET TO LOOK AFTER LEGAL MATTERS AT THE GOVT LEVEL.
Solicitor General of India:
In addition to the AG, there are other law officers of the Govt of India.
They are the Solicitor General of India and Additional Solicitor General of India.
They ASSIST THE AG in the fulfilment of his official responsibilities.
It should be noted here that ONLY THE OFFICE OF AG IS CREATED BY THE CONSTITUTION. i.e. ARTICLE 76 DOES NOT MENTION ABOUT SOLICITOR GENERAL AND ADDITIONAL SOLICITOR GENERAL.
