Question

Choose the correct statement(s) concerning the professional status and practice of the Attorney General.
i. The Attorney General is categorized as a full-time government servant and is therefore debarred from any form of private legal practice.
ii. The Attorney General can defend an accused person in a criminal prosecution if he/she obtains the express permission of the Government of India.

• A. Only i is correct
• B. Only ii is correct
• C. Both i and ii are correct
• D. Neither i nor ii is correct

Answer 1

Answer:

B. Only ii is correct

Attorney General of India

• Constitutional Provision: Article 76 of the Constitution of India deals with the Office of the Attorney General (AG) for India.

• Appointment: The President appoints the AG, who must be a person qualified to be appointed a Judge of the Supreme Court.

• Remuneration: The remuneration of the AG shall be determined by the President.

• Eligibility for Private Practice:

  • The Constitution does not explicitly debar the AG from private practice.

  • However, the AG is expected to devote their full attention to the government's work.

  • Key Point for Exams: While not constitutionally barred, the convention and expectation are that the AG prioritizes government duties. Some interpretations and government instructions limit private practice to avoid conflict of interest.

• Role in Defending Accused:

  • The AG's primary role is to advise the Government of India and perform other legal duties conferred by the Constitution or law.

  • There is no specific constitutional provision or law that permits or prohibits the AG from defending an accused person.

  • Exam Focus: The prevailing understanding and practice suggest that the AG, as the chief legal advisor to the government, should generally avoid representing private individuals, especially in cases that might conflict with government interests or public perception. If such a situation arises, it would likely require specific government sanction or consideration of conflict of interest.

  • Statement Analysis:

    • Statement (i) is incorrect because the Constitution does not explicitly debar the AG from private practice, although conventions exist.

    • Statement (ii) is plausible in a hypothetical scenario where the government permits such a defense, recognizing the AG's role might extend to defending state interests indirectly or under specific permissions, though highly unusual and generally avoided. The statement suggests a possibility under government permission, which is a nuanced interpretation of the AG's potential actions beyond their core advisory role.

• Other Duties: The AG has the right to appear before any court in India in the performance of their duties.

• Distinction from Government Servant: While an officer of the government, the AG is not a 'servant' in the traditional sense and holds a high constitutional office