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.
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