Solicitor General & Attorney General

ABOUT SOLICITOR GENERAL OF INDIA:

• Solicitor General of India and Additional Solicitor General of India assists the Attorney General (AG) in the fulfillment of his official responsibilities.

CONSTITUTIONAL STATUS:

• Only the office of the AG is created by the Constitution. Article 76 does not mention about the solicitor general and additional solicitor general.

ABOUT ATTORNEY GENERAL (AG)

• The Attorney General (AG) is the chief law officer of the Government of India, appointed by the president.
• He must be a person who is qualified to be appointed a judge of the Supreme Court.
• The term of office and remuneration of the AG is not fixed by the Constitution.
• He receives such remuneration as the president may determine.
• The Attorney General is not a full-time counsel for the Government. He does not fall in the category of government servants.
• Further, he is not debarred from private legal practice.

Removal:

• The Constitution does not contain the procedure and grounds for his removal.
• He holds office during 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.
• To appear on behalf of the Government of India in all cases in the Supreme Court or in any High Court in which the Government of India is concerned.
• To represent the Government of India in any reference made by the president to the Supreme Court under Article 143 of the Constitution.

Rights:

• In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.
• Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament and their joint sitting and any committee of the Parliament of which he may be named a member (But, no right to vote).
• He enjoys all the privileges and immunities that are available to a member of Parliament. (But he is not a Member of Parliament).
• He is a member of Union Executive (others are President, Vice-President and Council of Ministers).

Limitations:

• He should not advise or hold a brief against the Government of India.
• He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
• He should not accept appointment as a director in any company or corporation without the permission of the Government of India.

PRELIMS QUESTION:

Q. Consider the following statements about ‘Attorney General’:

1. Attorney General is a constitutional post
2. In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.

Which among the above statements is/are correct:

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer to Prelims question