Question

Which of the following activities are placed under limitations for the Attorney General?
i. Accepting an appointment as a director in any private company or corporation without the Government of India's permission.
ii. Advising or holding a brief in a case where he/she is already expected to appear for the Government of India.
iii. Representing the Government of India in a reference made by the President to the Supreme Court under Article 143.

• 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:

A. Only i and ii

Attorney General of India: Role and Limitations

• The Attorney General (AG) is the Indian government's top legal officer.

• Article 76 of the Constitution of India deals with the Office of the Attorney General.

• The President appoints the Attorney General, who must be qualified to be appointed a Judge of the Supreme Court.

Key Limitations on the Attorney General's Role:

• Restriction on Private Practice: The AG cannot accept an appointment as a director in any private company or corporation without the permission of the Government of India. This is to ensure undivided attention to governmental legal matters.

• Conflict of Interest: The AG is barred from advising or holding a brief in any case where they are already expected to appear for the Government of India. This prevents any potential conflict of interest and maintains impartiality.

• Representing the Government: The AG has the duty to represent the Government of India in all court cases and legal proceedings in which the Government of India is concerned.

• Article 143 Reference: The AG represents the Government of India in references made by the President to the Supreme Court under Article 143 (Presidential Power to refer questions of law to the Supreme Court). This is a key part of their advisory and representative role.

Competitive Exam Insights:

• Questions often test the understanding of the AG's dual role: advisor to the government and a law officer.

• Pay close attention to the restrictions placed on the AG, especially regarding private employment and potential conflicts of interest, as these are frequent areas for MCQs.

• Familiarize yourself with key constitutional articles related to the AG (e.g., Article 76) and their functions.