News & Events
Question – Comment on the role of the Attorney General as an important part of Indian Federal Executive.
- January 14, 2023
- Posted by: Pallavi Singh
- Category: Blog
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Answer –
Under the Constitution of India, Article 76 deals with Attorney General of India. He is the top legal officer in the country & part of Union Excecutive.
He is appointed by the President. The term of his office is not fixed by the Constitution. He holds office during the pleasure of the President.
FUNCTIONS–
1)He advises Government on legal matters.
2)He performs legal duties assigned by President.
3)He appears on behalf of Government in all cases in Supreme Court or High Court.
4)He represents Government of India under Article 143 (Power of President to consult Supreme Court).
RIGHTS –
1)He has 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.
2)He enjoys privileges & immunities of a member of Parliament.
3)He is not a Government servant & not debarred from private legal practice.
LIMITATIONS –
1)He does not have Right to Vote in House proceedings/committees.
2)He should not advise against or hold a brief against Government.
3)He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
4)He should not accept appointment as a director in any company or corporation without the permission of the Government of India.
In contemporary political scenario, the Government of India is the largest litigant in the Supreme court. Thus, office of Attorney General attains signifance, in this context, to defend the Government of India.