ATTORNEY GENERAL (ART. 76)

ATTORNEY GENERAL (ART. 76)

 

BACKGROUND
  • Article 76 has provided for the office of the Attorney General for India.
  • Highest law officer in the country.

 

OBJECTIVE
  • To oversee the implementation of various safeguards provided to STs under the Constitution or under any other law for time being in force or under any other order to the Government and to evaluate the working of such safeguards.

 

APPOINTMENT
  • Attorney general is appointed by President
  • He must be qualified to be the Judge of Supreme Court (citizen of India, Judge of HC for 5 years, advocate for 10 years or an eminent jurist in the opinion of President)
  • Term of office not fixed by the Constitution
  • Constitution has not prescribed any procedure for his removal
  • Holds office during the pleasure of the President.
  • Receives remuneration as President may determined

 

DUTIES & FUNCTIONS
  • Chief Law officer of Government of India
    • Give advice to GOI on legal matters
    • Perform duties of a legal character
    • Discharge functions conferred on him by constitution.
  • President may assign the following duties to Attorney General of India
    • To appear on behalf of government
    • To represent the government
    • To appear when required by the government in any high court

 

RIGHTS AND LIMITATIONS

 

RightsLimitations
–          Right of audience in all courts.

–          Right to speak and take part in the proceedings of both the houses of parliament, joint sitting, or any committee proceedings.

–          Does not have the right to vote

–          He enjoys all privileges and immunities that are available to a member of parliament.

 

–          Should not advice against the government of India

–          Should not defend accused person in criminal proceedings

–          Should not accepts appointment as director in any company or corporation without government permission.