Attorney General for India

Why in the News?

• THE Central Government is likely to reappoint Senior Advocate KK Venugopal as Attorney General for India for a period of one more year.

1.About

• S/he is the top legal officer in the country & part of the Union Executive.

• S/he is not considered as a government servant.

• Assisted by 2 Solicitor Generals & 4 Additional Solicitor Generals.

• Under the Constitution of India, Article 76 deals with for Attorney General of India & Article 165 for the Advocate General of States.

• Eligibility

  • Qualified to be appointed as Supreme Court judge.

  • Citizen of India.

  • Judge of High Court (HC) for 5 years/advocate HC for 10 years/eminent jurist President’s opinion.

• Tenure: Not fixed.

• Appointment: By President on Government advice.

• Functions

  • Advise Government on legal matters.

  • Perform legal duties assigned by President.

  • Appear on behalf of Government in all cases in SC or HC.

  • Represent Government under Article 143 (Power of President to consult SC).

  • Discharge functions conferred by Constitution or law.

• Rights

  • Right to Speak & take part in proceedings of both Houses of Parliament/joint sitting/any committee of Parliament of which he/she may be named a member.

  • Enjoys privileges & immunities of a member of Parliament.

  • Not a Government servant & not debarred from private legal practice.

• Limitations

  • No Right to Vote in House proceedings/committees.

  • Should not advise against or hold a brief against the Government.

  • Should not defend accused persons in criminal prosecutions without the permission of the Government of India.

  • Should not accept appointment as a director in any company or corporation without the permission of the Government of India.

• Removal

  • Holds office during President’s pleasure & can be removed by President at any time.

  • No grounds for removal or procedure mentioned in Constitution.