Article 76 of the Indian Constitution – Attorney General of India According to Article 76 of the Indian Constitution, the Union Cabinet may recommend that the President of India designate the Attorney General of India. The Attorney general of India (article 76) serves as both the government’s top legal advisor and representative before the Indian Supreme Court. The Attorney General of India serves at the pleasure of the President, as per Article 76 of the Indian Constitution.
The topic is just as important a topic in Indian politics as that of Governers Generals of Bengal and India in Modern Indian History covered in the UPSC Civil Services Examination. Aspirants must have a solid understanding of the topic because it is required for UPSC Prelims and Mains GS-II, which includes Political Science as a subject. Let’s discuss in detail the Attorney General, his powers and responsibilities.
Who is the Attorney General of India?
According to Article 76 of the Indian Constitution, he/she is the highest law authority in India. As India’s principal legal advisor, he advises the union government on all legal matters.
He is also the chief advocate for the Union Government before the Supreme Court of India. In theory, the Attorney General, like the Advocate General of a State, is not meant to be a political appointee, but in fact, this is not the case.
Who appoints the Attorney General of India?
The President of India appoints a qualified person to the position of Supreme Court Judge. The President appoints the Attorney General on the advice of the administration. There are the following qualifications:
- He should be a citizen of India.
- He must have served in the High Court of any Indian state for 5 years as a judge or 10 years as an advocate.
- In the President’s opinion, he may also be a distinguished jurist.
What is the term of the Attorney General’s office?
The Attorney General of India has no fixed term. The Attorney General’s tenure is not stated in the Constitution. Similarly, the mechanism and grounds for his removal are not mentioned in the Constitution.
You may be familiar with the following facts regarding his office:
- He can be removed by the President at any moment.
- He can resign only by submitting his resignation to the President.
- He is traditionally dismissed when the Council of Ministers is dissolved or replaced because he is appointed by the President on the suggestion of the Council of Ministers.
What is the role of the Attorney General of India?
As the country’s Chief Law Officer, the Attorney General of India is responsible for the following responsibilities:
- Whatever legal concerns the President refers to him, he advises the Union administration on.
- The President continues to refer him to legal topics that are of interest to him, and the Attorney General must provide advice on those as well.
- Aside from what the President alludes to, he also carries out the obligations outlined in the Constitution.
- The President has assigned him three responsibilities:
- In any legal issue involving the government of India, the Attorney General must appear in the Supreme Court on its behalf. He must also represent the Union Government in any referral to the Supreme Court made by the President under Article 143 of the Constitution.
- He also appears in the High Court in cases involving the Government of India.
What are the limitations on the Attorney General?
To avoid conflicts of duty, the Attorney General is subject to the following restrictions, which he must follow when fulfilling his duties:
- He should not advise or represent the Government of India.
- In circumstances when he is called upon to advise or appear for the Government of India, he should not advise or hold a brief.
- Without the approval of the Government of India, he should not represent accused persons in criminal trials.
- He should not accept position as a director of any firm or corporation unless the Government of India grants him permission.
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