Law Officers Flashcards
Attorney general (AG)
Article 76: provided for the office of AG India
AG is the highest law officer
Appointed by Prez aka Chief Law Officer of GOI.
Qualification
Judge of supreme court
Indian citizen
A judge of some High court for 5 years
Advocate of some High court for 10 years
Eminent jurist according to prez
Term not fixed by constitution
Procedures and grounds of removal not contained by the constitution
President can remove any time or he can quit by resigning in front of prez
Convention
Resigns when the Council of Ministers resign
Replaced (as he’s appointed at the advice of COM)
Remuneration not fixed by constitution (President determines)
Article 76
Existence of an AGI
Right to speak and participate in the proceedings of the parliamentary houses and its committees without the right to vote
Enjoys the powers, privileges and immunities available to the MPs
Functions of AGI:
Advices GOI on legal matters refered by Prez
Perform duties of legal character as assigned by Prez
Discharge functions conferred on him by the constitution or the law
Duties
To appear on behalf of the GOI in all cases in SC/HC
Represent GOI in any reference made by Pres to the SC under Article 143
Rights
Audience in all courts in India
Right to speak/participate in proceedings of both lok sabha and rajya sabha, joint sitings, parliamentary committees.
No right to vote
Enjoys privileges and immunities of an MP
Solicitor general of India
Addition to AGI
Other law officers
Assist AGI
Only AGI is created by Constitution
Article 76 doesn’t mention SG or Additional SG
SG not a member of Central Cabinet
Separate law minister at Central cabinet to oversee legal matters at Govt level
Limitations of AG and SG
Can’t advice/hold brief against GOI
Can’t advice/hold brief in cases in which he is called upon to advise or appear for GOI
Can’t defend accused persons who in criminal prosecutions without GOI’s permission
Can’t accept appointment as a director in any company or corporation without the GOI’s permission
Not a govt servant, so not barred from private legal practices
Advocate general
Article 165: provides for AGs in states
Highest law officer in state
Appointed by governor
Constitution does not contain the procedures/grounds of their removal
Qualifications for Advocate General
A judge of the HC
Indian citizen
Must have been a judicial officer for 10 years
Or an advocate of a high court for 10 years
Term not defined by constitution
Holds office at the pleasure of governor
Remuneration determined by governor not constitution
Duties and functions
Chief law officer of the state
Gives advice to state govt on legal matters or on matters referred to him by governor
Performs duties of legal character as assigned by governor
Discharge functions conferred to him by the constitution or any other law
To appear on behalf of the state govt in all cases in the high court
Rights
Official duties: entitled to appear before any court of law within the state
Right to speak/take part in the proceedings of the state legislature
No right to vote
Enjoys the privileges and immunities of the MLAs.
Limitations
Can’t advise/hold brief against state govt
Not in the category of govt servants
Not debarred from private legal practice
Articles
Article 165: Advocate general of the state
Article 177: rights of advocate general in respect to the house of state legislature and its committees
Article 194: powers, privileges and immunities of the advocate general
