Attorney General of India

0
12

Who is India’s Attorney General?

He or she is referred to in Article 76 of the constitution as being the highest law authority in India. He counsels the union government on all legal issues as the chief legal advisor to the Indian government.

Additionally, he is the main legal representative for the Union Government before the Indian Supreme Court. In theory, the Attorney General is not meant to be a political appointee, like a State’s Advocate General, however this is not always the case.

Who appoints India’s attorney general?

An individual who is qualified for the position of Supreme Court Judge is appointed by the President of India. On the recommendation of the administration, the president appoints the attorney general.The following prerequisites apply:

  1. He ought to be a citizen of India.
  2. He must have served as a judge in the Indian High Court for at least five years or as an advocate for ten years.
  3. He might also be a distinguished jurist in the President’s eyes.

How long is the Attorney General’s tenure in office?

The Attorney General of India has no set tenure. The Attorney General’s term is not mentioned in the Constitution. In a similar vein, neither the Constitution nor the grounds for his removal are mentioned.

You may be aware of the information below regarding his workplace:

  1. The President has the right to fire him at any time.
  2. Only the President can accept his resignation for him to resign.
  3. He is typically dismissed when the Council of Ministers is dissolved or replaced since the President appoints him on the council’s advice.

What is the function of the Indian Attorney General?

The Attorney General of India is responsible for the following tasks as the nation’s Chief Legal Officer:

  1. He provides legal advice to the Union administration on any legal issues that the President refers to him about.
  2. Attorney General must also provide advice on the legal matters that the President is constantly referred to as they serve his interests.
  3. In addition to the obligations outlined by the President, he also carries out those listed in the Constitution.
  4. The President has given him the following three responsibilities:
    • The Attorney General is required to represent the Indian government in any legal matter before the Supreme Court.
    • In accordance with Article 143 of the Constitution, he is required to represent the Union Government in any reference to the Supreme Court made by the President.
    • If any matter relates to the Government of India, he also appears in the High Court.

What are the Attorney General’s restrictions?

There are a few restrictions imposed on the Attorney General that he should be aware of in order to avoid a conflict of interest:

  1. He shouldn’t offer advice or file a lawsuit against the Indian government.
  2. In circumstances when he is asked to provide advice or make an appearance on behalf of the Government of India, he shall refrain from doing so.
  3. He should not represent defendants in criminal proceedings without the Government of India’s consent.
  4. He shouldn’t accept a directorship in any firm or corporation without the Government of India’s consent.

Information on the Attorney General of India for the UPSC:

  1. The Union Executive includes the Indian Attorney General (AG). He is the top law enforcement official in the nation. In the Indian Territory, he is eligible to appear in any court.
  2. He was granted the power to speak and participate in the proceedings of both Houses of Parliament, their joint session, and any committee of the Parliament to which he may be named a member.
  3. When he participates in the Indian Parliament’s proceedings, he is not entitled to vote.
  4. He has the same rights to privileges and immunities as a member of parliament.
  5. He is not regarded as a government employee.
  6. He is not prohibited from engaging in private legal practice, thus he may also practice there.
  7. The Attorney General is permitted to speak, participate in joint sessions of both Houses of Parliament, and participate in any committee of the Parliament of which s/he may be named a member. However, the Attorney General is not permitted to vote.

LEAVE A REPLY

Please enter your comment!
Please enter your name here