Attorney General of India (Article 76)- Indian Polity Notes for UPSC
Attorney General of India
The Attorney General (formerly known as Advocate General) is the highest law officer of the Government of India. The Office of Advocate General is mentioned under Article 76 of the Constitution of India.
Need for the law officer of the Government:
In India’s broader democratic political setup, there is a balance of power between the different organs of the Government. In this aspect, the Government of India, has to be accountable to the judiciary and Parliament. As a consequence, the Government has to be represented in the court to submit its position to the judges in various cases.
Many times, you must have heard that the Government is a major litigant, accounting for nearly 50% of pending cases. Now the question arises: Who shall represent the concern and position of the Government in the judiciary?
It is represented by a team of lawyers consisting of-
- Attorney General of India,
- Solicitor General of India and
- Additional Solicitor General of India.
In this, the Attorney General of India is the highest law officer of the Country. He is an expert in the law and advises the Government on various legal matters.
Appointment and Terms of Office of the Attorney General of India
- Appointment: The Attorney general is appointed by the President of India [Article 76(1)].
- Qualifications: under Article 76(1), the Constitution states that he must possess the same qualifications that are necessary for a judge of the Supreme Court of India, i.e.,
- He must be a citizen of India and
- He must have served as a judge of some high court for at least five years or as an advocate in some High court for not less than ten years or
- Any eminent jurist, in the opinion of the President.
- Term of office: The Attorney General holds office at the pleasure of the President of India. The term of the office is not fixed by the Constitution.
- Conditions and emoluments: The Constitution empowers the President to determine his emoluments and conditions of service.
- Resignation: He can quit his office by tendering his resignation to the President. Generally, he resigns when the council of ministers (Government) resigns or is replaced, as he is appointed on its advice.
- Removal: The procedure and grounds for his removal are not mentioned in the Constitution. Under Article 76(4), he holds the office at the pleasure of the President, i.e., the President can remove him from his office at any specific time.
- Remunerations: The Constitution authorizes the President to fix such remuneration as the President may determine from time to time. The remuneration of the Attorney-General is not fixed by the Constitution.
- Composition: The Attorney General is assisted by a solicitor-general and two Additional Solicitors-general.
- The first Attorney General of India was Motilal Chimanlal Setalvad. He was also chairman of the first Law Commission of India.
Thus, the attorney general along with the solicitor general can be appointed and removed by the government at will. This is because, the government is allowed to defend itself with the set of lawyers that best suits its interest.
Duties and Functions of Attorney General of India:
The attorney general is the principal adviser to the Government of India in matters of legal and Constitutional importance. The following are the duties and functions of the Attorney General of India:
- Advice on Legal matters: he advises the union government upon those legal matters that are referred to him by the President and also carries out other duties of legal character that are assigned to him by the President from time to time.
- Confers his Opinion: The speaker can invite him to speak in the house and put forward his opinion on matters of legal and constitutional importance.
- He has to advise on the competence of the Parliament to pass laws without impinging the guaranteed Fundamental rights and without transgressing the legislative field demarcated for the states under the federal system.
- He is bound to perform any other functions conferred upon him by the Constitution.
