Question

Which of the following statements correctly defines the role and limitations of the Attorney General?

1. The Attorney General is a full-time government servant and is debarred from private legal practice.

2. The Attorney General has the right to speak in parliamentary proceedings but is not granted the right to vote.

3. The Attorney General can advise any ministry directly upon its request, bypassing the Ministry of Law and Justice.

• A. 1 & 2
• B. 2 only
• C. 2 & 3
• D. 1 & 3

Answer 1

Answer:

B. 2 only

Role and Limitations of the Attorney General of India

• Constitutional Provision: The office of the Attorney General (AG) for India is established under Article 76 of the Constitution of India.

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

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

• Right to Participate in Parliamentary Proceedings:

  • The Attorney General has the right to speak and to take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha) or any committee of Parliament of which he may be named a member.

  • Crucially, the AG does not have the right to vote in these proceedings, as they are not a member of Parliament. This is a significant distinction often tested in competitive exams.

• Limitations and Private Practice:

  • The Attorney General is permitted to private legal practice, but is debarred from defending any accused person, or from advising, without the permission of the Government of India, to a private client in any company or corporation in which the Government of India has a substantial interest.

  • Unlike some other high-ranking government officials, the AG is not a full-time government servant in the strictest sense that they are barred from all private practice.

• Advising Ministries:

  • The AG advises the Government of India as a whole. While they can be consulted by any ministry, official legal advice for the government is typically routed through or coordinated with the Ministry of Law and Justice. Direct advice bypassing this channel might occur on specific presidential references but is not the standard operating procedure for all ministry requests.

• Comparison with Solicitor General: It is important to distinguish the AG from the Solicitor General, who is subordinate to the AG and assists in discharging the duties of the AG.