Attorney General of India

In the wake of reports that the Attorney-General, Mukul Rohatgi, has advised E S L Narasimhan, the Governor of Andhra Pradesh and Telangana, to step in to the bitter fight between the two Chief Ministers over the cash-for-vote issue, let us examine his role and responsibilities. The Attorney General is the first Law Officer of India.

He is the Chief Legal Advisor to the Central government and also acts as a lawyer in the Supreme Court on behalf of it. He also represents to the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution. All references are made to the Attorney General by the Union Ministry of Law and Justice. In the performance of his duties, the Attorney-General shall have right of audience in all courts in the territory of India.

Article 76 envisages exclusively the provisions for Attorney General. This Article has four clauses which collectively fulfill the provisions in respect to him. Clause (1) of the Article prescribes that the Attorney General is appointed by the President and his qualification is equivalent to the qualification of a Judge of the Supreme Court. Clause (2) states his advisory duty to the Government of India. Clause (3) speaks of his right to audience in all courts in India . Clause (4) provides that his tenure of office is subject to pleasure of the President of India and his remuneration shall also be determined by the President.

Though he is not a member of the Cabinet he has the right to speak in both the Houses of Parliament or any committee thereof, but he has no right to vote. India. The Attorney General represents the government but is allowed to take up private practice provided the other party is not the state.

Because of this he is not paid salary but a retainer to be determined by the President. The Attorney General gets a retainer equivalent to the salary of a judge of a Supreme Court. The functions mentioned in the Article are not clear cut provisions because in addition to legal advice the Attorney General performs other functions also. He is present on various committees.