Question

Consider the following statements about the limitations placed on the Attorney General.

1. The Attorney General is absolutely barred from advising or holding a brief against the Government of India.

2. To defend an accused person in a criminal prosecution, the Attorney General must obtain prior permission from the Chief Justice of India.

3. The Attorney General is categorized as a government servant and is thus subject to the conduct rules applicable to civil servants.

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

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

Answer 1

Answer:

A. 1 only

Attorney General of India

• Constitutional Position: The Attorney General for India is the highest law officer in the country. The position is established under Article 76 of the Constitution of India.

• Appointment: Appointed by the President of India.

• Eligibility: Must be a citizen of India and should have been a judge of a High Court for at least five years or an advocate of a High Court for at least ten years.

• Duties: To advise 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 by the President. He also discharges duties conferred on him by the Constitution or any other law for the time being in force.

• 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 (Lok Sabha and Rajya Sabha) or any joint sitting, but without a right to vote, as per Article 88.

• Restrictions on Private Practice: The Attorney General cannot hold a brief for any person against the Government of India and cannot defend an accused person in any criminal prosecution without the permission of the Government of India.

• Clarification on Statement 1: The Attorney General is indeed barred from advising or holding a brief against the Government of India. This is a fundamental restriction on their role as the chief legal advisor to the Union government.

• Clarification on Statement 2: The statement that the Attorney General must obtain prior permission from the Chief Justice of India to defend an accused person is incorrect. The Constitution requires permission from the Government of India, not the Chief Justice.

• Clarification on Statement 3: The Attorney General is not categorized as a government servant and is not subject to the conduct rules applicable to civil servants. While they hold a high constitutional office and advise the government, their appointment and conduct are governed by constitutional provisions and conventions rather than standard civil service rules. They are entitled to a government bungalow and staff, but their independent role is emphasized.