ATTORNEY-GENERAL OF INDIA
According to Article 76, the President appoints
a person qualified to be a Supreme Court judge as
the Attorney General of India. The Attorney General
is the first legal officer of India. He functions as the
Chief Law Officer of the Government. The Attorney
General of India advises the Government of India
on any legal matter. He performs any legal duties
assigned to him by the President of India. He
discharges any functions conferred to him by the
Constitution or the President.
In the performance of his duties, the Attorney
General of India has right of audience in all courts
in the territory of India. The Attorney General
represents the Union and the States before the
Courts but is also allowed to take up private practice
provided; the other party is not the State. He is not
a member of the either House of the Parliament.
Still he enjoys the right to attend and speak in the
parliamentary deliberations and meetings (of both
the Lok Sabha and the Rajya Sabha), without a
right to vote
He is not a full time officer of the House, nor is
he a member of a Cabinet, he is not barred from
private practice except that he cannot advice or
hold briefs against the Government of India. He
should not defend accused persons for criminal
prosecution without the permissions of the
Government of India. He is entitled to all privileges
and immunities as a Member of the Parliament.
The Attorney General of India is assisted by two
Solicitor General and four assistant Solicitor
General.
The Attorney General is not paid salary but a
retainer that is determined by the President. The
retainer of the Attorney General of India is equal
to the salary of a judge of the Supreme Court. As
a convention, after the change of the Government,
the Attorney General resigns and the new
Government appoint a new Attorney General of
its own choice. The Attorney General holds office
during the pleasure of the President and receives
remuneration as determined by the President
COMPTROLLER AND AUDITOR
GENERAL
Article 148 of the Indian Constitution provides
for an Independent office of the Comptroller and
Auditor General of India (CAG). He is the head of
the Indian Audit and Account Department. At both
Central and State level the Comptroller and Auditor
General of India controls the entire financial system
of the country.
Appointment of CAG
The Comptroller and Auditor General of India
is appointed by the President of India for a full
term of 6 years or 65 years of age whichever comes
earlier. By writing a resignation letter to the
President, the Comptroller and Auditor General can
resign at any time. The President can remove him
from his past on the same ground and in the same
manner as a judge of the Supreme Court of India.
He can be removed by the President on the basis of a resolution passed in the both Houses of the
Parliament with special majority, either on the
ground of proved misbehavior or incapacity.
