Question

Evaluate the following statements related to the limitations imposed on the Attorney General.

1. The Attorney General is prohibited from holding a brief against the Government of India.

2. The Attorney General requires prior permission from the Government of India to accept a directorship in any company.

3. The Attorney General is barred from engaging in any form of private legal practice during his/her term.

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. 1, 2 and 3

Answer 1

Answer:

A. 1 and 2 only

Attorney General of India: Role and Limitations

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

• Appointment and Qualifications: The President appoints the AG, who must be a citizen of India and have held the office of a judge of the Supreme Court for at least five years, or a judge of a High Court for at least ten years, or an advocate of the High Court for at least ten years.

• Duties of the AG: The AG advises the Government of India on legal matters, performs duties of a legal character that may be referred or assigned to him by the President, and discharges other duties conferred on him by the Constitution or any other law.

• Representation: The AG appears on behalf of the Government of India in all Supreme Court cases in which the Government of India is concerned and represents the Union in any reference made by the President to the Supreme Court under Article 143.

• Limitations on Practice:

  • The AG is prohibited from *holding a brief against the Government of India*. This is a fundamental restriction to ensure loyalty and unbiased representation.

  • The AG cannot defend any accused person in any criminal proceedings against the Government of India.

  • The AG requires *prior permission from the Government of India to accept a directorship in any company*. This prevents potential conflicts of interest.

  • The AG is allowed to *undertake private legal practice*, provided it does not conflict with his official duties. This contrasts with the third statement in the question, which is incorrect.

• Remuneration: The remuneration of the Attorney General shall be such as the President may determine.

Key Points for Competitive Exams:

• The AG is the highest legal officer in the country.

• The AG has the right to speak and to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha) and any committee thereof, but without the right to vote.

• The AG holds office during the pleasure of the President and can be removed by him.