ATTORNEY-GENERAL
- POLITY
News:
Kerala One of Most
Financially Unhealthy States, Attorney General Tells Supreme Court
What's
in the news?
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Kerala's financial health and debt
situation have attracted adverse observations from successive Finance
Commissions (12th, 14th and 15th) as well as the Comptroller and Auditor
General of India (CAG) and it is one of the most financially unhealthy states
as its fiscal edifice has been diagnosed with several cracks, Attorney General
R Venkataramsaid in a note submitted before the Supreme Court.
Attorney
General:
●
Under Article
76, The Constitution of India has provided for the office of the Attorney
General (AG) for India.
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He is the highest law officer in the country.
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As a chief
legal advisor to the government of India, he advises the union government
on all legal matters.
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He is also the primary lawyer representing the Union Government in the Supreme
Court and High Court of India.
Appointment
and Qualification:
●
Article
76 - The President shall appoint a person who is qualified
to be appointed a Judge of the Supreme
Court to be Attorney General for India.
Role:
●
It shall be the duty of the Attorney
General to give advice to the Government of India upon such legal matters.
Remuneration:
●
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.
Removal:
●
The Constitution does not contain the
procedure and grounds for his removal.
●
He holds office at the pleasure of the President.
Duties
and Functions:
●
To give advice to the Government of India
upon such legal matters which are referred to him by the President.
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To perform such other duties of a legal
character that are assigned to him by the President.
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To discharge the functions conferred on
him by the Constitution or any other law.
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To appear on behalf of the Government of
India in all cases in the Supreme Court in which the Government of India is
concerned.
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To represent the Government of India in
any reference made by the President to the Supreme Court under Article 143 of
the Constitution.
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To appear (when required by the Government
of India) in any High Court in any case in which the Government of India is
concerned.
Rights:
●
Article
88
- He has the right to speak and to take
part in the proceedings of both the Houses of Parliament or their joint
sitting and any committee of the Parliament of which he may be named a member,
but without a right to vote.
●
Further, he enjoys all the privileges and immunities that are
available to a member of Parliament.
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In performing his official duties, the
Attorney General has the right to an
audience in all courts in the territory of India.
Limitations:
●
He
should not advise or hold a brief against the Government of India.
●
He should not advise or hold a brief in
cases in which he is called upon to advise or appear for the Government of
India.
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He should
not defend accused persons in criminal prosecutions without the permission
of the Government of India.
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He should not accept an appointment as a
director in any company or corporation without the permission of the Government
of India.
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He should not advise any ministry or
department of the Government of India or any statutory organization or any
public sector undertaking unless the proposal or a reference in this regard is
received through the Ministry of Law and Justice, Department of Legal Affairs.
Concerns:
●
Consent
for criminal contempt cases: The precondition of the
consent of AG for criminal proceedings under the Contempt of Courts Act, 1971
may be misused by the party in power.
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Removal:
The removal procedure is not mentioned in the constitution. The President can
remove him/her anytime, affecting the independence of the office.
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Pleasure
doctrine: He or She holds the office under the pleasure of the
President. Hence, the term of the office of AG is not fixed.
●
No
bar on private practice: The AG is not debarred from private
legal practice. He doesn't fall into the category of a government servant.
Thus, It may raise the issue of conflict of interest.