The Role and Powers of the Attorney General of India Under Article 76 of the Indian Constitution

Introduction to the Attorney General of India

The Attorney General of India holds a pivotal position within the legal framework of the country, as outlined in Article 76 of the Indian Constitution. As the chief legal advisor to the Government of India, the Attorney General plays a crucial role in ensuring that the administration functions within the boundaries of the law.

Qualifications and Appointment

Article 76(1) of the Indian Constitution specifies that the President of India appoints the Attorney General. The candidate must be qualified to be appointed as a Judge of the Supreme Court of India. This means the individual must have been a judge of a High Court for at least five years or an advocate of a High Court for at least ten years, or in the President's opinion, an eminent jurist.

The appointment is not tenured, meaning the Attorney General serves at the pleasure of the President and can be removed by the President at any time.

Powers and Functions

The Attorney General has a multifaceted role, combining advisory and representational functions. The primary duties include giving advice to the Government of India upon legal matters, and performing such other duties of a legal character as may be assigned. Additionally, the Attorney General represents the Government of India in the Supreme Court and various High Courts in cases where the government is a party.

The Attorney General also has the right to participate in the proceedings of both Houses of Parliament and their joint sittings, as well as any Parliamentary committee where they are appointed as a member. However, they do not have the right to vote.

Conclusion

The Attorney General of India, under Article 76 of the Indian Constitution, is a cornerstone in upholding the rule of law in the country. With significant qualifications, a rigorous appointment process, and extensive powers, the role ensures that the Government of India receives sound legal advice and representation in crucial legal matters.