Introduction
Article 76 of the Constitution of India provides for The Attorney General for India. They are generally known as the Central Government’s advocates who enjoy their power in the office during the pleasure of the President. The Attorney General for India is the Chief legal advisor of the Central Government and he is the first lawyer of the Supreme Court of India. The AGI is the only person who can attend the proceedings of the parliament, without being a member of the parliament.
Article 76
Attorney General for India
- The President of India shall appoint a person as Attorney General for India. The person shall have the qualifications to become a judge of the Supreme Court.
- The Attorney General shall give advice to the Government of India upon such legal matters, and perform such other duties of a legal character, as may from time to time the President assigns to him. And he shall discharge the functions, Constitution or any other law confers on him.
- In the performance of his duties, the Attorney General shall have the right of audience in all courts in the territory of India.
- The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine Conduct of Government Business.
K.K.Venugopal is the 15th and current Attorney General of India. He is the highest law officer of India who assists the Indian government in all legal matters. The person who is appointed should be qualified to be appointed the Judge of the Supreme Court of India, which means that he should be a citizen of India and he should be a Judge of the High Court for not less than 5 years or an advocate of the High Court for not less than 10 years or should be an eminent Jurist, in the opinion of the President.
Tenure
The AGI holds office during the pleasure of the president which means that he has no fixed tenure and can be removed from the office when the president shall deem fit without even stating the grounds for such removal. The AGI shall receive such remuneration as the President of India shall recognize as no remuneration has been fixed by the Constitution. He cannot appear in the courts against the government of India. Nor he can defend an accused person without the permission of the government of India. The AGI is also not debarred from the private practice as he is not a government servant because he is not paid a fixed salary as his remuneration is decided by the President of India.
Duties and functions of the AGI
- The AGI gives advice to the Indian Government on all the legal matters assigned to him by the President of India.
- He has the duty to performs all the duties of a legal character that the President of India assigns to him.
- The AGI appears on behalf of the Government of India in all matters before the Supreme Court in which the Government of India is concerned.
- He appears on behalf of the Government of India in all matters before the High Court in which the Government of India is concerned.
Rights of the AGI
- The AGI has the right to take part and speak in both the houses of the parliament and also in the Joint Sittings of the parliament but does not have the right to vote.
- He has the right of audience in all courts in the territory of India.
- The AGI has the right to enjoy all the privileges and immunities while attending all the proceedings of the parliament or of the joint sitting of the parliament.
- He has the right to speak and participate in the meetings of the parliamentary committees.
Conclusion
The AGI’s role is of foremost importance in defending the Indian Government in the Supreme Court as well as the High Court. In all the matters against the state, the AGI is the primary representative of the government, without whose appearance it would be almost impossible for the government to defend itself. And without a government, who is not able to defend itself, it would be a threat to the democracy of the country.
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