Attorney General of India and Article 76 of the Indian Constitution
Attorney General of India (AGI)
The Attorney General of India is the highest law officer of the country and acts as the legal advisor to the Government of India.
Constitutional Provision:
Article 76 of the Indian Constitution deals with the Attorney General of India.
Text of Article 76:
(1) There shall be an Attorney-General for India who shall be appointed by the President and shall hold office during the pleasure of the President.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters as the President may refer to him and to perform such other duties of a legal character as may be assigned to him by the President.
(3) The Attorney-General has the right of audience in all courts in India and enjoys the same privileges as a lawyer of the Supreme Court.
Qualifications of Attorney General:
Must be qualified to be appointed as a Judge of the Supreme Court, i.e.:
A citizen of India.
Has been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years, or distinguished jurist in the opinion of the President.
Functions of the Attorney General:
Legal Advisor to the Government:
Gives advice on legal matters referred by the President or the government.
Representation in Courts:
Represents the Union of India in the Supreme Court and other courts in civil and criminal cases.
Assistance in Drafting Legislation:
Assists in the drafting of bills, ordinances, and legal opinions.
Non-Political Role:
The AGI does not participate in the Cabinet but may attend meetings if legal advice is needed.
Powers and Rights:
Right of Audience: Can appear in all courts of India.
Privileges: Enjoys the same privileges as an advocate of the Supreme Court.
Advisory Role: Advises government but cannot vote or act politically.
Key Case Law Involving Attorney General:
R. C. Cooper v. Union of India (1970)
The AGI appeared before the Supreme Court defending government policy during nationalization.
Highlighted the AGI’s role in representing government interests while upholding legal principles.
In Re: Special Reference No.1 of 1998 (Supreme Court)
The Supreme Court observed the role of AGI in providing impartial legal advice to the government.
Attorney General’s Advisory Role
Courts have emphasized that the AGI’s advice is binding on the government only in legal matters, but government can act differently in policy matters.
Significance of Article 76:
Ensures expert legal guidance to the Union government.
Acts as a bridge between the executive and judiciary, protecting the rule of law.
Safeguards constitutional compliance by the government.
Conclusion:
The Attorney General of India, under Article 76, is the chief legal advisor to the Union government, with the right to appear in all courts and provide legal guidance. While not a political actor, the AGI plays a critical role in upholding constitutional governance and ensuring government actions are legally sound.
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