Attorney General (A-G) of India

Why in the News?

Recently, Senior Advocate Mukul Rohatgi declined the government’s offer to be Attorney General (A-G) for India.

Key Points:

About

Attorney General of India

• • Article 76 has designated the Attorney General of India as the highest law officer in the country.
  • Appointment: By the President of India.

• Eligibility: 

• • He must be a person who is qualified to be appointed a judge of the Supreme Court.

• Tenure:

• • The term of office of the AG is not fixed by the Constitution. 
  • He holds office during the pleasure of the President. 
• Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice. 
• The AG receives such remuneration as the President may determine.
• the Attorney General is not a full-time counsel for the Government.

• • Further, he is not debarred from private legal practice.

Duties of the AG

• To give advice to the Government ofIndia 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. 

Rights of AG (Article 88)

• In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.
• Further, 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 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.