Question

Which of the following statements are true about the scope of the Attorney General's functions?
(i) The Attorney General's primary role is to advise the Government of India on legal matters referred by the President.
(ii) The Attorney General is prohibited from holding a brief against the Government of India.
(iii) The Attorney General must not advise any ministry or department of the Government unless the reference is channeled through the Ministry of Law and Justice.

• A. Only (i) and (ii)
• B. Only (i) and (iii)
• C. Only (ii) and (iii)
• D. All of the above (i, ii and iii)

Answer 1

Answer:

D. All of the above (i, ii and iii)

Attorney General of India: Scope of Functions

• Article 76 of the Indian Constitution: This article defines the office of the Attorney General (AG) for India, who is the highest law officer in the country.

• Primary Role: As stated in point (i), the AG's main duty is to advise the Government of India on such legal matters and such other duties of a legal character as may be referred or assigned to him by the President of India. This advice is crucial for the government's legal standing.

• Restrictions on Practice: Point (ii) highlights a significant restriction. The AG is barred from defending any person accused of a crime against the Government of India. This ensures impartiality and upholds the government's legal interests.

• Advisory Protocol: Point (iii) clarifies the procedure for seeking legal advice. While the AG advises the Government of India, references from various ministries or departments must generally be routed through the Ministry of Law and Justice. This ensures a structured and centralized approach to legal consultation.

• 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. This means they must be a citizen of India and have held judicial office for at least five years or have been an advocate in a High Court for at least ten years.

• Remuneration: The remuneration of the Attorney General is determined by the President.

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

• Independence: While appointed by the executive, the AG is expected to act independently and provide unbiased legal opinions to the government.