India's Prime Legal Authority, or Put Simply, the Leading Law Enforcement Officer of the Country.
The Attorney General (AG) of India, appointed by the President under Article 76 of the Constitution, is the highest legal advisor to the Government of India. The AG's primary roles include advising the Government on legal matters referred by the President and performing other legal duties assigned by the President, including representing the Government in the Supreme Court and other courts.
Roles and Responsibilities
The AG advises the Government of India on legal questions and matters referred by the President or the government. In addition, the AG represents the Government in all courts across India, including the Supreme Court and High Courts. The AG also discharges constitutional or statutory duties as prescribed by the Constitution or any other law in force.
The AG participates in the proceedings of both Houses of Parliament and their joint sittings and parliamentary committees when called upon, though without voting rights. The AG performs other legal duties assigned by the President or the government from time to time.
Limitations
The AG must not advise or hold a brief against the Government of India. The AG cannot defend accused persons in criminal prosecutions without prior permission of the Government of India. The AG cannot accept appointments as a director in any company or corporation without the government’s consent. The AG cannot advise any ministry, department, statutory organization, or public sector undertaking unless the request is routed through the Ministry of Law and Justice, Department of Legal Affairs. The AG is not a full-time government servant and may engage in private legal practice, but must not create conflicts of interest with government responsibilities.
Privileges
The AG enjoys significant court and parliamentary privileges. The AG has the right of audience in all courts in India. The AG also enjoys privileges and immunities similar to those available to Members of Parliament, such as freedom of speech in Parliament. The AG has access to Parliamentary proceedings and committee meetings, although without voting rights.
In summary, the Attorney General acts as the chief legal advisor and representative of the Government of India in legal matters, enjoys significant court and parliamentary privileges, but also operates under specific limitations to avoid conflict of interest and maintain government loyalty.
The Attorney General actively participates in policy-and-legislation matters, providing advice on legal questions referred by the President or the government, which might involve policy discussions and general news related to lawmaking. The AG's role in parliamentary committees and the performance of legal duties as assigned by the President or the government can also be considered part of the broader politics landscape.
