Attorney General for India (AG):

Attorney General for India (AG):

News:The Attorney General for India (AG) recently made some comments criticizing the Supreme Court’s verdict on Sabarimala issue, which raises the concern of impartiality of the office of the AG.

Facts:

Article 76:

• It says that the President can appoint a person who is qualified to be a Supreme Court judge as the Attorney-General for India.
• It shall be the duty of the Attorney General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
• In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India.
• The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

Is the government of India a client of the AG/ Is it mandatory for the AG to defend any act of the government?

• Effectively, the Union Cabinet decides who should be appointed the AG, what matters be referred or assigned to him for legal advice, his remuneration and lastly, whether he should continue to hold office.
• The Constitution does not provide for Attorney General ‘of’ Indiaor Attorney general of the government but it provides for Attorney General ‘for’ India, which indicates that the AG’s client is not the government but rather the people of India.
• The Constitution mandates the AG to discharge the duties of the office independent of the political executive that appoints him.
• Constitutionally, a person who is qualified to be a SC judge can be appointed as the AG, which clearly demonstrates the framers intent that using his/her wisdom the AG must help and guide the government to act in accordance with the rule of law.
• Courts exercise restraint on the malafide actions of the government but all actions could not wait for approval of the courts. Hence the AG is expected to play a proactive role and as an added check against government excessiveness.
• Constitutionally, the AG and other legal officers are expected to exercise their independent judgment and provide wise counsel to the government, notwithstanding who appointed them or what advice is being expected from them.