Question

Choose the correct statement(s) concerning the limitations and professional status of the Attorney General.
i. The Attorney General is debarred from engaging in any private legal practice during their tenure.
ii. The Attorney General can defend an accused in a criminal prosecution if they receive permission from the Government of India.
iii. The Attorney General is considered a government servant and is part of the central civil services.
iv. The Attorney General can directly advise any Public Sector Undertaking on legal matters upon its request.

• A. Only i and iii
• B. Only ii
• C. Only ii and iv
• D. Only iv

Answer 1

Answer:

B. Only ii

Limitations and Professional Status of the Attorney General of India

• Article 76 of the Constitution: This article deals with the Office of the Attorney General for India.

• Eligibility Criteria: The Attorney General must be a person qualified to be appointed as a Judge of the Supreme Court. This means they must be a citizen of India and have at least 10 years of experience as a judge of a High Court or an advocate of a High Court or multiple such courts in succession.

• Private Practice Restriction (Statement i. Debunked): The Attorney General is *not* debarred from engaging in private legal practice. However, they must not defend an accused person in any court of India or accept an appointment to any office of profit without the permission of the Government of India. This means statement (i) is incorrect.

• Defending Accused with Government Permission (Statement ii. Correct): The Attorney General *can* defend an accused person in a criminal prosecution, but only with the prior permission of the Government of India. This aligns with statement (ii), making it correct.

• Status as Government Servant (Statement iii. Debunked): The Attorney General is an *ex-officio* member of the Bar Council of India and is considered a high dignitary, but they are *not* classified as a government servant. They are not part of the central civil services. Therefore, statement (iii) is incorrect.

• Advising Public Sector Undertakings (Statement iv. Debunked): The Attorney General's primary duty is to advise the Government of India on legal matters. While they may represent the government in court, they do not directly advise individual Public Sector Undertakings (PSUs) on legal matters upon their request. Such advice is typically sought from the Law Ministry or other legal advisors appointed by the PSUs. Hence, statement (iv) is incorrect.

• Key Roles: The Attorney General represents the Government of India in all Supreme Court cases in which the Government of India is concerned. They also discharge other legal duties conferred upon them by the President.

• Remuneration: The remuneration and other conditions of service of the Attorney General are determined by the President.