What are duties and rights of Attorney General?
Q. Which of the following is/are true regarding duties and rights of Attorney General (AG)?
1) He can pursue private legal practice.
2) To represent India in Supreme Court for a Presidential reference.
3) Perform duties of a legal character that are assigned to him by the President.- Published on 15 Mar 17a. 2, 3
b. 1, 2
c. 1, 3
d. All of the above
ANSWER: All of the above
- AG is the Chief Law Officer of the Government of India.
Duties -
1. To give advice to the Government of India upon such legal matters, which are referred to him by the President.
2. To perform such other duties of a legal character that are assigned to him by the President.
3. To discharge the functions conferred on him by the constitution or any other law.
The President has assigned the following duties to the AG -
1. To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
2. To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
3. To appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned.
Rights -
1. In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.
2. He has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member.
3. But he doesn’t have a right to vote.
4. He also enjoys all the privileges and immunities that are available to a member of Parliament.
Limitations on the Attorney General in order to avoid any complication and conflict of duty -
1. He should not advise or hold a brief against the Government of India.
2. He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.
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.
- But, the Attorney General is not a full-time counsel for the Government.
- He does not fall in the category of government servants.
- He can pursue private legal practice.
