Profile
Settings
Refer your friends
Sign out
According to the Constitution of India, the Attorney General of India is the highest law official in India. The AG for India is appointed by the President of India, who acts on the advice of the Council Of Ministers headed by the Prime Minister. As a requirement, he must be qualified for an appointment as a Supreme court judge. Here’s all you need to know about this highest law official in India. The post of AGI is established by Article 76 of the Constitution, which also contains a provision for his remuneration and emoluments.
Duties and Term of Attorney General
The Attorney General for India is the chief legal advisor to the Government of India and its public prosecutor. Their office represents the government in all cases in the Supreme Court of India. The government is a party, and they have to advise the Government of India and represent the government in litigation. He also performs other duties assigned to him by the President of India from time to time. The Attorney General has the privilege of being heard in all courts in India in any matter involving public interest.
The Attorney General is appointed by the President under Article 76(1) of the Indian Constitution on the advice of the Council of Ministers, with the recommendation of others such as the Chief Justice and Leader of Opposition. The Attorney General holds office at the government’s pleasure. He may quit when there are complaints about his conduct.
Functions of Attorney General
As the Attorney General of India, the honourable and his officers are responsible for litigation and advice to the government. They represent India in disputes and pleadings. The Attorney General is also responsible for providing legal opinions to policymakers.
The Attorney General represents the Government of India in legal matters concerning national interest. He is usually a senior member of the country’s bar and is appointed as Article 76(1) of the Constitution. The Attorney General takes part in proceedings where the Government of India is a party to the case, except when the proceedings relate to the impeachment of the President or Vice-President of India.
Rights of Attorney General
The Attorney General ranks sixteenth in the Order of Precedence among the High Officers of State and enjoys precedence over all persons except (i) Judges (Supreme Court), (ii) Chief Justices of High Courts, and (iii) Cabinet Ministers.
-The AGI can participate in proceedings of both Lok Sabha and Rajya Sabha or their joint sitting and any Parliamentary committee to which they may be named a member.
He also may prosecute or defend in any Court in India, any proceeding, suit, or prosecution, civil or criminal with the previous consent of the government. The Attorney General appears on behalf of the Union Government in litigation involving private parties and litigation between state governments (inter-state water disputes). He also appears for the government when proceedings are brought against it or its officers by or on behalf of private parties and when Private parties sue state Governments on behalf of the Union Government.
Limitations of Attorney General
The Attorney General of India cannot file any cases against the Indian government, advise the government when they are accused of a crime, or work on their behalf.
They are not allowed to accept a job in any company without the government’s approval.
They cannot make any decisions without asking someone else in the government for permission.
The Attorney-General must not advise on matters likely to become a party to the dispute under legal proceedings. The Attorney General should not appear personally in criminal cases without the government’s permission.
Solicitor General of India
The Solicitor General, India’s second most important law officer, assists in court cases. The Additional Solicitors General work under the Solicitor General. The Solicitor General, assisted by Additional Solicitors General, may be called upon to lead crucial cases involving government agencies, public interest, or human rights issues. The role is of great importance and carries a lot of responsibility.
Conclusion
There is a provision of the Constitution of India to appoint an Attorney General for India. The post was created by enacting the Government of India Act 1935. The Government of India Act was made after Indian independence. The current office of Attorney General is a reversion from the colonial era to the princely state era when there was no need for a Public Prosecutor. It was only required to have an attorney who would look after the affairs in the courts. However, this post has been upgraded as per importance and need for a Law Officer in India.
