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Attorney General of India: Article 76

The Attorney General (AG) of India is the highest law officer in the country. The AG is the chief legal advisor to the Government of India and represents the Union Government before the Supreme Court. This office is established under Article 76 of the Indian Constitution.

Question (Click to Flip)

Can the Attorney General vote in Parliament?

Answer

No. While the Attorney General can attend and speak in Lok Sabha and Rajya Sabha debates, they do not have the right to vote since they are not an elected Member of Parliament.

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Key Facts

The Attorney General holds office 'during the pleasure of the President', meaning there is no fixed tenure and they can be removed by the President at any time.

The AG is assisted by the Solicitor General of India and Additional Solicitors General.

The AG does not fall in the category of government servants, hence does not receive a fixed salary but receives a retainer equivalent to a Supreme Court judge.

1. Appointment and Qualifications (Article 76)

  • Appointment: The Attorney General is appointed by the President of India on the advice of the Union Cabinet.
  • Qualifications: The person appointed must be qualified to be appointed a Judge of the Supreme Court. This means they must have been a judge of a High Court for 5 years, or an advocate of a High Court for 10 years, or be an eminent jurist.

2. Duties of the Attorney General

  • To give legal advice to the Government of India upon such legal matters referred by the President.
  • To appear on behalf of the Government of India in all cases (including suits, appeals, and other proceedings) in the Supreme Court.
  • To represent the Government in any reference made by the President to the Supreme Court under Article 143.

3. Rights and Limitations

  • Rights: The AG has the right of audience in all courts in the territory of India. Furthermore, under Article 88, the AG has the right to speak and take part in the proceedings of both Houses of Parliament, but without a right to vote.
  • Limitations: The AG cannot advise or hold a brief against the Government of India. The AG is not a full-time government servant and is allowed to take up private legal practice, provided the other party is not the state.

Questions and Answers

Can the Attorney General vote in Parliament?+

No. While the Attorney General can attend and speak in Lok Sabha and Rajya Sabha debates, they do not have the right to vote since they are not an elected Member of Parliament.

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