Question

Which of the following statements are true about the professional status and limitations of the Attorney General?
(i) The Attorney General is not debarred from private legal practice, distinguishing the office from that of a full-time government counsel.
(ii) The Attorney General cannot advise or hold a brief in cases where he/she is already called upon to appear for the Government of India.
(iii) The Attorney General is forbidden from accepting an appointment as a director in any company, with no exceptions.

• 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:

B. Only (i) and (iii)

Attorney General of India: Role and Limitations

• Constitutional Position: The Attorney General for India is the highest law officer in the country. They are appointed by the President under Article 76 of the Constitution.

• Private Practice: The Attorney General is not debarred from private legal practice. This is a key distinction from other full-time government legal officers. However, they are expected to prioritize government cases.

• Restrictions on Practice:

  • The Attorney General cannot advise or hold a brief in any department of the Government of India or any other authority specified in the Constitution, except the Attorney General's own duties.

  • They cannot appear in any court of law on behalf of any department of the Government of India or any other authority or the Government of any State.

  • However, statement (ii) in the question is incorrect. The Attorney General *can* advise or hold a brief in cases where they are already called upon to appear for the Government of India, as this is part of their official duty. The restriction is on representing conflicting interests or private clients against the government.

• Director in Companies: The Attorney General is forbidden from accepting an appointment as a director in any company. This is to maintain impartiality and avoid conflicts of interest. There are no exceptions to this rule as per the prevailing norms and constitutional expectations. Therefore, statement (iii) is correct.

• Key Functions:

  • To advise the Government of India upon such legal matters, and to perform such other duties of a legal character, as may be referred, or assigned to him by the President.

  • To discharge the powers and functions conferred on him by or under the Constitution or any other law for the time being in force.

  • To represent the Government of India in all Supreme Court cases in which the Government of India is concerned.

• Comparative Role: Unlike the Attorney General, the Solicitor General and other law officers are typically full-time government appointees with stricter limitations on private practice.