Question

Which of the following statements is/are correct about the limitations imposed on the Attorney General?

i. The Attorney General cannot advise or hold a brief against the Government of India.

ii. The Attorney General can defend accused persons in criminal prosecutions without any permission.

iii. The Attorney General cannot accept a directorship in a company without the Government of India’s permission.

• A. Only i
• B. Only i and iii
• C. Only ii and iii
• D. Only ii

Answer 1

Answer:

B. Only i and iii

Limitations on the Attorney General of India

• Article 76 of the Constitution of India defines the office of the Attorney General for India, who is the highest law officer in the country.

• Cannot act against the Government: The Attorney General is constitutionally barred from advising or holding a brief against the Government of India. This means they cannot represent any party in a case where the government is on the opposing side.

• Private Practice Restrictions: While the Constitution does not explicitly prohibit private practice, the Attorney General is expected to devote their full attention to government work. They cannot accept a directorship in any company without the Government of India's permission. This restriction ensures undivided loyalty and focus on their constitutional duties.

• Criminal Prosecutions: The Attorney General can defend accused persons in criminal prosecutions, but this is subject to the condition that it does not conflict with their duty to advise and defend the Government of India. In practice, such a scenario would likely require the government's permission or be considered a conflict of interest.

• Government's Permission for Directorships: Accepting a directorship in any company requires explicit permission from the Government of India. This is to prevent potential conflicts of interest and ensure that private commercial interests do not interfere with public duties.

• Role and Duties: The Attorney General's primary role is to advise the Government of India on legal matters and to perform other legal duties conferred upon them by the Constitution or by any other law. They also have the right to appear in any court within the territory of India on behalf of the Government of India.