ATTORNEY GENERAL OF INDIA: POWER AND FUNCTION

Article 76 and 78 deals with the Attorney General of India. The Attorney General of India is the most noteworthy law official of the country. He is capable to help the public authority in the entirety of its legitimate issue. The President designates the Attorney General (AG). The individual who is selected ought to be able to be designated an adjudicator of the Supreme Court. That implies, he ought to be an adjudicator of some high court for a very long time or a backer of some high court for a very long time. Attorney General of India is selected by the President of India under Article 76(1) of the Constitution and holds office during the delight of the President. He should be an individual qualified to be named as a Judge of the Supreme Court. The fifteenth and current Attorney General is K. K. Venugopal.

Article 76 and 78 deals with the Attorney General of India. The Attorney General of India is the most noteworthy law official of the country. He is dependable to help the public authority in the entirety of its lawful issue.

APPOINMENT AND TERM OF OFFICE

The President appoints the Attorney General (AG). The individual who is appointed ought to be able to be designated an appointed authority of the Supreme Court. That implies, he ought to be a resident of India and an adjudicator of some high court for a very long time or a backer of some high court for a very long time or ought to be a famous law specialist, according to the president. The constitution doesn’t accommodate fixed residency to the AG. Along these lines, he holds office during the delight of the president. He can be taken out by the president whenever. There is no strategy or ground referenced in the constitution for his expulsion.

The AG gets such compensation as the president might decide. The constitution has not fixed the compensation of the AG.

DUTIES AND FUNCTIONS

Below are the duties and functions of the AG:

(1) He gives advice to the Government of India upon such legal matters, which are referred or assigned to him by the president.

(2) He performs such other duties of a legal character that are referred or assigned to him by the president.

(3) He discharges the functions conferred on him by or under the Constitution or any other law.

In the performance of his official duties,

(1) He appears on behalf of the government of India in all the cases in Supreme Court in which the Government of India is concerned.

(2) He appears on behalf of the government of India in any reference made by the president to the Supreme Court under Article 143 of the constitution.

(3) He appears on behalf of the government of India in any case in a high court in which the Government of India is concerned, if Government of India requires so.

RIGHT AND LIMITATIONS:

Following are the Rights of the AG:

(1) In the performance of his duties, he has right of audience in all courts in the territory of India.

(2) He has the right to speak or to take part in the proceedings of both the Houses of Parliament and their joint sittings, but without a right to vote.

(3)  He has the right to speak or to take part in the meeting of any committee of the Parliament of which he is named as a member, but without a right to vote.

(4) He enjoys all the privileges and immunities that are available to a member of parliament.

LIMITATIONS ON ATTORNEY GENERAL:

(1) He should not advise or hold a brief against the Government of India.

(2) He should not defend accused persons in criminal cases without the permission of the government of India.

(3) He should not accept appointment as a director in any company without the permission of government.

It should be noted that the AG is not debarred from private legal practice. He is not a government servant as he is not paid fixed salary and his remuneration is decided by the president.

REFRENCES: https://www.jagranjosh.com

https://en.wikipedia.org

https://www.indianlawsinfo.com

https://www.latestlaws.com

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.