The Constitution (Article 76) has provided for the office of the Attorney General for India. He is the highest law officer in the country.
Appointment and Term
The Attorney General is appointed by the president. He must be a person who is qualified to be appointed a judge of the Supreme Court. In other words, he must be a citizen of India and he must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist,in the opinion of the president. The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he may be removed by the predident at any time. He may also quit his office by submitting has resignation to the president. Convintionally, he resigns when the government resigns or is replaced, as he is appoint on its advice.
The remuneration of the AG is not fixed by the Constitution. He receives such remuneration as the president may determine.
Duties and Functions
As the Chief law officer of the Government of India, the duties of the AG include the following.
- To give advice to the Government of India upon such legal matters, which are referred to him by president.
- To perform such other duties of a legal character that arte assigned to him by the president
- To discharge the functions conferred on him by the Constitution or any other law.
The president had assigned the following duties to the AG.
- To apper on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
- To represent the Government of India in any reference made by the president to the Supreme Court under Article 143 of the constitution.
- To apper (when required by the Government of India) in any high court in any case in which the Goverment of India is concerned.
Next part of this e-note is about Rights and Limitations to Attorney General of India.
