Question

Which of the following statements is/are correct regarding the duties assigned to the Attorney General by the President?

i. The Attorney General represents the Government of India in all cases in the Supreme Court where the Government is concerned.

ii. The Attorney General must appear in every High Court case across India, regardless of the Government’s involvement.

iii. The Attorney General represents the Government of India in references made by the President to the Supreme Court under Article 143.

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

Answer 1

Answer:

B. Only i and iii

Attorney General of India: Role and Duties

• The Attorney General (AG) is the highest law officer in India, appointed by the President under Article 76 of the Constitution.

• Key Constitutional Provisions:

  • Article 76: Appointment, duties, and powers of the Attorney General.

  • Article 88: The Attorney General has the right to speak and take part in the proceedings of both Houses of Parliament, but without a right to vote.

  • Article 143: Power of the President to refer questions of law or fact to the Supreme Court for advice.

• Statement i: Representation in the Supreme Court

  • The AG is mandated to represent the Government of India in all Supreme Court cases where the Union Government is a party.

  • This is a crucial aspect of the AG's role, ensuring the government's legal interests are protected.

• Statement ii: Appearance in High Courts

  • The AG is not required to appear in every High Court case. Their appearance is generally limited to cases involving the Union Government.

  • The wording "must appear in every High Court case across India" is incorrect and overly broad.

  • Advocates General represent the states in their respective High Courts.

• Statement iii: Presidential References to the Supreme Court (Article 143)

  • The AG represents the Government of India when the President makes a reference to the Supreme Court for its advisory opinion under Article 143.

  • This ensures that the government's perspective is presented during such constitutional consultations.

• Other Duties:

  • To advise the Government of India on legal matters.

  • To perform other duties of a legal character that may be referred or assigned by the President.

  • To discharge the functions conferred on him by the Constitution or any other law.

• Exam Focus:

  • Understand the specific scope of the AG's representation in different courts.

  • Differentiate the roles of the Attorney General and the Advocate General.

  • Memorize key articles related to the AG's office.