Attorney General Of India

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Important Constitutional Authorities – Attorney General Of India

In order that the executive functions of the Government of India could be carried out without any fear or pressure, the framers of the Constitution have provided for the setting up of certain independent statutory authorities for dealing with certain specified duties. Provision for these authorities has been made in the Constitution itself. Their appointments, conditions of service, pay and allowances, terms of offices etc. are governed by Acts/Rules made under the relevant articles of the Constitution. The President makes all these appointments. A brief description of these authorities is given below:

Attorney General Of India

The President under Article 76(1) of the Constitution of India makes the appointment of the Attorney General of India. For appointment as Attorney General of India, a person should be qualified to be appointed as a Judge of the Supreme Court. He holds office during the pleasure of the President.

Duties

The Attorney General of India is the highest legal authority for the Government of India. His duties are to: .

1. Advise the Government of India on such legal matters as are referred to him;

2. Perform duties of a legal character as are assigned to him by the Government of India; –

3. Appear on behalf of the Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which the Government of India is concerned;

4. Represent the Government of India in any reference made by President to Supreme Court under Article 143 of the Constitution; and

5. Discharge the functions conferred on the Attorney General of India by or under the Constitution or under any other law for the time being in force.

The Attorney General of India has the right to speak in either House of Parliament or any of its Committee, take part in its proceedings but does not have a right to vote; he is also not a member of the Cabinet. The Attorney General of India is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. The Ministry of Law, in fact, makes all references to the Attorney General of India. The Attorney General of India can accept briefs but cannot appear against the Government. He cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.

Other Law Officers

Apart from Attorney General, the other law officers are the Solicitor General for India and Additional Solicitors General for India. The duties of these officers are:

  1. To give advice to the Government of India upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to them by the Government of India;
  2. To appear, whenever required in the Supreme Court or in any High Court on behalf of the Government of India in cases (including suits, writ petitions, appeals and other proceedings) in which the Government of India is concerned as a party or is otherwise interested;
  3. To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution; and
  4. To discharge such other functions as are conferred on a law officer by or under the Constitution or any other law for the time being in force.
  5. To avoid any complication and conflict of duty, a law officer is not allowed to:
  • 1. Advice or hold briefs against the Government of India;
  • 2. Advise or hold briefs in a case in which he is likely to be called upon to advise or appear for the Government of India; Defend accused persons in criminal prosecutions without the permission of the Government of India; or Accept appointment as Director in any company or corporation without the permission of the Government of India;
  • 3. In the event of a conflict between a corporation brief and a brief of the Government of India in the Supreme Court, the law officer shall give preference to the brief of the Government of India.

These law officers have their headquarters at New Delhi, but represent the interest of the Government of India, public corporations and state governments in any High Court or other subordinate court as and when required.

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