The Attorney General of India is described as the highest law officer in the country. How is he granted powers? Moreover, what are his powers? Let us understand his position and his role in Indian Democracy.
Who is the Attorney General of India?
Mr. K.K. Venugopal is the 15th and the present Attorney General of India. The Attorney General is the chief law officer of the Government of India.
Which Article describes the Attorney General of India?
Three articles in the Indian constitution are in relation to the Attorney General of India. They are as follows:
Article 76
Article 76 provides information about the position and office of the Attorney-General (AG) of India.
Article 88
Article 88 describes the rights of the Attorney General (AG) with respect to hours of Parliament and committee of the Parliament.
Article 105
Article 105 describes the power, privileges, and immunity of India’s Attorney General (AG).
How is the Attorney General (AG) of India appointed?
The process of appointment of the Attorney General is as follows:
The Attorney General (AG) of India is appointed by the President of India. Only if he is qualified for the post.
Qualification of Appointment of the Attorney General
For a person to apply for the Attorney General of India must have the following qualifications:
He must be qualified to be appointed as a judge of the Supreme Court.
He must be a citizen of India.
He must be a judge of any High court for five years or an advocate of any High Court for ten years.
If point (3) is not qualified, he must be an eminent jurist, in the opinion of the President.
What is the Role of the Attorney General of India?
The role of the Attorney General (AG) in the Indian democracy is as follows:
The Attorney General (AG) of India performs all the functions as chief law officer of the country.
He advised the Government of India on legal matters when referred by the President.
He has to perform other legal duties assigned to him by the President.
He discharges his functions mentioned in the constitution of India.
He appears in all the cases in the Supreme Court on behalf of the Government of India when the latter is so concerned.
He represented the Government of India to the Supreme Court under Article 143.
He also appears as a representative of the Government of India in the High court when concerned.
What are the rights of the Attorney General of India?
Along with duties, the Attorney General of India has significant rights too. Following are the rights of the Attorney General of India.
He can speak and take part in the proceedings of both the houses and the joint sitting of Parliament.
He has the right to take part in any Committee of Parliament.
He has all privileges and immunities that are given to a member of Parliament.
What are the limitations of the Attorney General (AG) of India?
The Attorney General of India is deprived of the following rights:
The AG of India has no right to vote in any Parliamentary meeting.
The AG of India should not accept an appointment as a director of a company or corporation without the permission of the Government of India.
Without the permission of the Government of India, the AG of India should not defend accused persons in criminal prosecution.
The AG of India should not advise a brief against the Government of India.
In the cases where he is representing the Government of India, he should advise or hold a brief.
Who is the Solicitor General of India?
The Solicitor General of India and the additional Solicitor General of India are the other law officers of the Government of India. Their function is to support the Attorney General of India.
Why are the powers of the Attorney General of India different from other officers?
The power of the Attorney General is different and complicated in the following ways:
Variable Remuneration
The President decides the Remuneration of the Attorney General of India. In other words, it is not fixed.
Unfixed Tenure
The tenure of the Attorney General is not fixed. He enjoys the office during the pleasure of the President.
Not a full-time counsel
The Attorney General does not fall in the category of other government servants.
Can enjoy private legal practice
The Attorney General of India can enjoy private legal practices.
A Way forward
The Attorney General of India plays a vital role in Indian democracy. He is responsible for all the legal advice of the Government of India. He is also responsible for representing the Government of India in court cases. The power and security of India’s Attorney General (AG) must be increased and fixed to ensure more transparency in the office.
