Question

With reference to the rights and duties of the Attorney General, consider the following statements.

1. The Attorney General's right of audience extends to all judicial and quasi-judicial tribunals across the territory of India.

2. The Attorney General has a right to speak and participate in the proceedings of a House of Parliament, even if he/she is not a member of that House.

3. One of the duties of the AG is to represent the Government of India in presidential references to the Supreme Court made under Article 143.

Which of the statement(s) given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

Answer:

B. 2 and 3 only

Attorney General of India: Rights and Duties

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

• Appointment: The AG is appointed by the President of India.

• Qualifications: The AG must be a person who has held office as a Judge of a High Court for five years or an Advocate of a High Court for ten years or is a distinguished jurist in the opinion of the President.

• Right of Audience (Statement 1 Analysis):

  • The AG has the right to take part in proceedings of the Supreme Court and of every High Court.

  • However, the right of audience does not extend to all judicial and quasi-judicial tribunals across the territory of India. Specific laws might govern representation before certain tribunals.

  • Therefore, statement 1 is incorrect.

• Participation in Parliamentary Proceedings (Statement 2 Analysis):

  • As per Article 88 of the Constitution, the AG has the right to speak and to take part in the proceedings of either House of Parliament (Lok Sabha or Rajya Sabha), or any joint sitting of the Houses, and any committee of Parliament of which he/she may be named a member.

  • Crucially, this right is granted irrespective of whether he/she is a member of Parliament or not.

  • Therefore, statement 2 is correct.

• Duties of the AG (Statement 3 Analysis):

  • One of the significant duties of the AG is to advise the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him/her by the President.

  • Presidential References (Article 143): Article 143 empowers the President to refer any question of law or fact of public importance, or which he considers to be of importance, to the Supreme Court for its advisory opinion. The AG represents the Government of India in such proceedings before the Supreme Court.

  • Therefore, statement 3 is correct.

• Other Important Points:

  • The AG holds office during the pleasure of the President.

  • The AG is not a member of the Union Cabinet.

  • The AG cannot defend any accused person in any proceeding in any court in India without the permission of the Government of India.

  • The AG cannot accept an appointment as a director in any company or corporation without the permission of the Government of India.