DATE : 06-01-2020 9
DAILY CURRENT NEWS
IAS PRE & MAINS : Current Important Topic’s Gist
A. The Attorney-General
The Attorney-General of India is the Indian government’s chief legal advisor and its primary lawyer in the Supreme Court of India.
OR
An Attorney General is appointed by the President of India under Article 76(1) of the Constitution. Article 76 and 78 deals with the Attorney General of India. The Attorney General of India is the highest law officer of the country. He is responsible to assist the government in all its legal matters.
The 15th and current Attorney General is K. K. Venugopal (June 30, 2017 and his tenure wood be of three years). The Attorney General of India holds office during the pleasure of the President. He appears in the Supreme Court on behalf of the Government of India to conduct important cases. However, even being the first law officer of the Government of India. He is not a whole time counsel for the Government nor a government servant. The main functions of The Attorney General of India are :
1. To advise the Union Government in legal matters 2. To perform such other legal duties, which may be assigned to him by the President; and 3. To discharge such other functions conferred on him by or under the Constitution or any other law for the time being in force.
Rights of The Attorney General of India
He has right to speak or take part in proceeding in either House of Parliament or in the joint session of two House or any committee of the Parliament. He cannot, however, vote. In order to advise the Union Government in legal matters as well as to perform such other duties of a legal character as may be assigned by the President. The Constitution has provided for the office of the Attorney-General for India.
Difference between the Attorney General and Cabinet Minister
The Attorney-General is a member of the Cabinet in Britain. But in India, there is a Minister of law in the Cabinet to deal with legal affairs at Government level. The Attorney-General, however, has the privilege of addressing both Houses of Parliament, just as a Minister has, irrespective of his membership of the House.
Other Important Facts
The Attorney-General must have the qualification of a judge of the Supreme Court of India. He is appointed by the President and shall hold office during the pleasure of the President. The President determines the remuneration to be paid to the Attorney-General. He also enjoys the same privileges and immunities as the members of Parliament. The Constitution expressly guarantees his right of audience in all courts in India in the performance of his duties. He must not be a member of either House of parliament. Under Article 76, impeachment procedure of the Attorney-General is not provided. He shall hold office during the prelature of the President. The Attorney General of India has a post parallel to any minister in parliament. He can be a member of any committee of parliament. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution. Unlike the Attorney General of the United States, the Attorney General for India does not have any executive authority. Those functions are performed by the Law Minister of India. Also the AG is not a government servant and is not debarred from private legal practice. The Attorney General can accept briefs but cannot appear against the Government. He cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government. The Attorney General is assisted by a Solicitor General and four additional Solicitors General.[4] The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the Attorney General are made by the Law Ministry.
LIST OF ATTORNEY GENERAL OF INDIA FROM 28 JANUARY 1950
1. M. C. Setalvad
2. C. K. Daphtary
3. Niren De
4. S. V. Gupte
5. L. N. Sinha
6. K. Parasaran
8. G. Ramaswamy
9. Milon K. Banerji
10. Ashok Desai 11. Soli Sorabjee
12. Milon K. Banerji
14. Mukul Rohatgi
15. K. K. Venugopal
IAS PRE EXPECTED QUESTION
1. Consider the following statements: Attorney General of India can (IAS 2013-I) 1. Take part in the proceedings of the Lok Sabha 2. Be a member of a committee of the Lok Sabha 3. Speak in the Lok Sabha 4. Vote in the Lok Sabha
Select the correct answer using the correct codes given below:
(a) Only 1 (b) Only 2 and 4 (c) 1, 2 and 3 (d) Only 1 and 3
Ans. (c)
2. Consider the following statements about the Attorney General of India: 1. He is appointed by the President of India 2. He must have the same qualifications as are required for a judge of the Supreme Court 3. He must be a member of either House of Parliament 4. He can be removed by impeachment by Parliament
Which of these statements are correct?
(a) Only 1 and 2 (b) Only 1 and 3 (c) Only 2, 3 and 4 (d) Only 3 and 4 Ans.(a)
3. Who was the first Attorney General of India? (a) K.K. Venugopal (b) M.C. Setalvad (c) Milon K. Banerjee (d) None of the above
Ans.(b)
IAS MAINS - EXPECTED QUESTION
1. “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss. *****
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