Question

Which of the following statements are correct about the role of the Attorney General of India?

i. The Attorney General is the highest law officer in India.

ii. The Attorney General is a full-time counsel for the Government of India.

iii. The Attorney General can engage in private legal practice.

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

Answer 1

Answer:

B. Only i and iii

Attorney General of India: Key Aspects for Competitive Exams

• Highest Law Officer: The Attorney General (AG) is indeed the highest law officer in the country, analogous to the Attorney General in the United States.

• Constitutional Basis: Article 76 of the Indian Constitution deals with the office of the Attorney General.

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

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

• Representation: The AG represents the Government of India in all cases in the Supreme Court and other courts in which the Government of India is concerned.

• Not a Full-Time Counsel: Unlike some other high-ranking government legal officers, the Attorney General is *not* required to be a full-time government lawyer. This distinction is crucial for competitive exams.

• Private Practice: The Attorney General has the right to private legal practice, provided it does not conflict with his official duties. This is a significant point often tested in exams.

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

• Right to Participate in Parliamentary Proceedings: The AG 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 thereof, or any committee of Parliament of which he may be named a member, but without the right to vote. This right is granted under Article 88 of the Constitution.

• Distinction from Advocate General: It is important to distinguish the Attorney General (for the Union Government) from the Advocate General (for the State Government), who holds a similar position at the state level.