Question

The office of the Attorney General of India is distinct in several ways. Which of the following statements accurately describe this unique position?
i. The Attorney General holds the right of audience in the Supreme Court and High Courts only.
ii. The President is constitutionally mandated to consult the Attorney General on all matters involving a substantial question of law.
iii. The office of the Attorney General is not a full-time counsel, and the holder is not debarred from private legal practice.

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

Answer 1

Answer:

C. Only iii

Key aspects of the Attorney General of India's Office:

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

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

• Tenure: The AG holds office during the pleasure of the President. There is no fixed tenure, and they can be removed by the President at any time.

• Functions: The AG advises the Government of India upon such legal matters and performs such other duties of a legal character as may be referred or assigned to him by the President.

• Right of Audience: The AG has the right to appear and be heard in all courts in India in the discharge of his duties. This includes the Supreme Court and High Courts. However, the statement that this right is *only* in the Supreme Court and High Courts is incorrect as it extends to all courts.

• Government's Counsel: The AG represents the Government of India in all cases in the Supreme Court and other important cases in any High Court in which the Government of India is concerned.

• Not a Full-Time Government Counsel: Unlike a government lawyer who is exclusively employed by the government, the AG is not debarred from private legal practice. This means they can continue to represent private clients, though they must not accept a brief against the Government of India.

• Distinction from Advocate General: The Advocate General is the chief law officer of a State and holds a similar position at the state level, appointed by the Governor.

• No Specific Consultation Mandate: While the President *may* refer legal matters to the AG, the Constitution does not *mandate* consultation with the AG on all matters involving a substantial question of law. This is a key distinction from other roles.