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Attorney general of india- Chief law officer of india


Posted Date: 25-Aug-2012  Last Updated:   Category: General    
Author: Member Level: Bronze    Points: 35


In this article, I will explain about Attorney General of India. Even though many folks heard about Attorney general, many of us don't know, how he is appointed and what are all the works assigned to him? Let’s see below.



Introduction


All of us heard in news, that Attorney general of India have take part in cases on behalf of central government. Do you know how this office/officer included into the central government of India? This is because of the constitution of india, which provided a separate office for Attorney general, under the Article 76. Attorney general is the apex law officer in india.

Qualifications and Appointment of Attorney general of India


A person should have the following qualifications to be an Attorney general of india:
Citizen of India
Have served as judge of a high court for 5 years or as an advocate of a high court for 10 years or a famous judge, from president's view
The above conditions correspond to the qualification of Supreme court judge. In other words, a person who is eligible to be a judge of Supreme Court, also eligible for the consideration of Attorney general of India.

After consultation, Council of ministers suggests a person to president of India. Then, Attorney general of India is appointed by president.

Tenure and salary of Attorney general of India


Constitution does not provide a fixed tenure for Attorney general. He will be in the post till the pleasure of president. That means president can remove Attorney general from his office at anytime. Further he, himself resigns from the office by producing resignation to president. Apart from this, if the central government gets replaced or resigned, Attorney General too wants to resign (as he is suggested by council of ministers). No other procedure for removal of Attorney general is mentioned by constitution.

Salary for Attorney general is determined by president, because constitution does not provide any provision regarding salary.

Works assigned to Attorney general of India


He can give advice to Central government in legal affairs and should perform the works prescribed by president, as well as by constitutional provision.
Apart from above things, president assigns some additional works:
To appear as a lawyer on behalf of central government in supreme court and high court (when required), when cases considering government of india.
Then to represent president to consult any help from supreme court is assigned by article 143 of the constitution.

Merits of Attorney general of India


Apart from performing the duties assigned to him, he have some advantages which are mentioned below:
He can be an audience in any court across the Indian territory
He can attend the proceedings of parliament in both houses or their joint sittings (in exceptional cases)
He can attend meetings of any parliamentary committee in which he is a member
He enjoys privilege equal to Member of Parliament

Demerits of Attorney general of India


He should not advice against the view of central government
He should not act as a lawyer in any criminal proceedings, without the permission of central government
He should not accept any higher designations in public or private concerns without central governments permission
He was not included in the list of government servants
He has the right to participate in the proceedings of parliament, without right to vote


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