Appointment of Attorney-General (A-G)

In News: Attorney-General (A-G) K.K. Venugopal has been reappointed the country’s top law officer for a period of three months.

• Venugopal was appointed the 15th AG of India in 2017. He succeeded Mukul Rohatgi who was AG from 2014-2017.

Attorney General Of India

• Article 76 of the Constitution provides for the office of AG of India
• AG is the top legal officer in the country & part of Union Executive
• AG is assisted by 2 Solicitor Generals & 4 Additional Solicitor Generals.
• AG is not considered as a government servant

Eligibility

• S/He must be a person who is qualified to be appointed a judge of the Supreme Court .i.e.
• he must be a citizen of India and
• he must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist

Tenure:  not fixed by the Constitution

• The remuneration of the AG is not fixed by the Constitution. He receives such remuneration as the president may determine

Removal:

• The Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president.
• He may also quit his office by submitting his resignation to the president.

Functions

• Advise Government on legal matters.
• Perform legal duties assigned by President.
• Appear on behalf of Government in all cases in SC or HC.
• Represent Government under Article 143.
• Discharge functions conferred by Constitution or law.

Rights

• Right to speak & take part in proceedings of both Houses of Parliament/joint sitting/any committee of Parliament of which he/she may be named a member.
• Enjoys privileges & immunities of a Member of Parliament.
• S/he is not debarred from private legal practice.

Limitations

• No Right to Vote in House proceedings/committees.
• Should not advise against or hold a brief against Government.
• Should not defend accused persons in criminal prosecutions without the permission of the Government of India.
• Should not accept appointment as a director in any company or corporation without the permission of the Government of India.

Source: The Hindu

Previous Year Questions

Q.1) With reference to the Union Government, consider the following statements: (2021)

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and by-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

Select the correct code:

1. 1 and 2 only
2. 2 only
3. 2 and 3 only
4. 3 only