Attorney General of India (Article 76) – Notes

Attorney General of India Notes

According to Article 76 of Part V of the Indian Constitution, the President of India appoints an Attorney General. The Attorney General is the highest or chief legal officer of the Government of India. Under the Seventh Schedule of the Indian Constitution, the subject of the Attorney General is mentioned. The matter of the Attorney General in the Constitution has been adopted from the British Constitution. The Indian Parliament is not made up of the Attorney General. Because according to Article 79 of the Constitution, the Parliament consists of the President, the Lok Sabha, and the Rajya Sabha.

Here are some important points about the Attorney General of India that you can use as notes for the UPSC (Union Public Service Commission) exam:

Functions of Attorney General of India

1. He is the Legal Advisor to the Government.
2. Represents the Government in all legal proceedings in the Supreme Court.
3. Has the right to attend and participate in both houses of Parliament and their committees.
4. Has the authority to grant ‘special leave‘ to appeal to the Supreme Court.
5. Advises various ministries and government departments on legal matters.
6. May provides opinions on constitutional matters to the President and Council of Ministers.
7. He is expected to support the public interest and the rule of law.
8. He may be assigned ad hoc duties by the government.

Facts of Attorney General of India

• Participate in the work of Parliament despite not being a member of it.
• Provide information in the joint session of parliament but may not participate in voting in parliament (Article 84).
• Mandate legal action in favor of the Government if international conflicts arise.
• Direct if there are problems in two or more states with the Centre.
• Parliament can change the function of the Attorney General.
• Could send his resignation letter to the President of India.
• The Attorney General can obtain information from courts anywhere in India.
• The term of Attorney General depends on the satisfaction of the President.

Note: The Attorney General in England is a member of the Cabinet – but not a member of the Cabinet in India.

limitations on the Attorney General of India

1. Maintain political neutrality.
2. Not have a fixed term of office.
3. Prohibited from engaging in any legal practice outside his official.
4. Must respect the attorney-client privilege.
5. Bound by the ethical standards of the legal profession.
6. Not have the right to vote.
7. Should provide independent legal opinions.
8. Should not be influenced by political pressure.
9. His actions and decisions are subject to public scrutiny.
10. He does not have legislative powers

Qualification for appointment of Attorney General of India.

1. Must be a citizen of India
2. Should have working experience as a judge of 5 years at the high court of any state of India or 10 years as an advocate in the high court.

Term of Attorney General of India

• The term of the Attorney General depends on the President. There is no fixed term for the attorney general. The constitution of India does not mention it.
• The Attorney General is nominated by the Central Government. In other words, if the government changes at the center, the attorney general also changes.
• Since the Attorney General does not have a fixed salary structure, it is determined by the President.

List of Attorney General of India

FAQs Attorney General of India:

The attorney-client privilege means that confidential communications between the Attorney General and the government should remain confidential.

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