Question

Consider the following statements about the duties assigned to the Attorney General.

1. The President has assigned the Attorney General the duty to appear for the Government of India in all cases in which the Government of India is concerned, both in the Supreme Court and High Courts.

2. The Attorney General is required to represent the Government of India in any reference made by the President to the Supreme Court under Article 143.

3. It is a constitutional duty of the Attorney General to discharge functions conferred on him/her by any law made by the Parliament.

Which of the statement(s) given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

B. 2 and 3 only

Attorney General of India:

Constitutional Basis: The office of the Attorney General (AG) for India is established under Article 76 of the Constitution of India.

• Appointment: The AG is appointed by the President and must be a person qualified to be appointed as a Judge of the Supreme Court.

• Duties as per the Constitution:

  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 him/her by the President.

  2. To discharge the functions conferred on him/her by or under any other law made by Parliament.

  3. To appear for the Government of India in all courts in India in relation to any proceeding in any such court in which the Government of India is concerned.

• Representation in Supreme Court References: The AG is required to represent the Government of India in any reference made by the President to the Supreme Court under Article 143 (Power of President to call for advice from Supreme Court).

• Distinction from Government Counsel: While the AG appears for the Government of India in courts, this duty is specifically mentioned for cases where the Government of India is a party. The statement that the AG appears in *all* cases concerning the Government of India in both Supreme Court and High Courts might be too broad. The AG primarily represents the Union government. State governments have their own Advocate Generals.

• Parliamentary Powers: The Constitution empowers Parliament to prescribe further duties for the Attorney General through legislation.

• Legal Advisor to Government: The Attorney General is the chief legal advisor to the Government of India.

• Right to Participate in Parliamentary Proceedings: The Attorney General has the right to speak and to take part in the proceedings of both Houses of Parliament or any committee thereof, but without the right to vote, as per Article 88.