Attorney General of India - Powers and Duties

Powers and Duties

See also: Article 76, Constitution of India

The Attorney General is responsible for giving advice to the Government of India in legal matters referred to him. He also performs other legal duties assigned to him by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote. The Attorney General appears on behalf of Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned. He/She also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

Unlike the Attorney General of the United States, the Attorney General of India does not have any executive authority, and is not a political appointee, those functions are performed by the Law Minister of India.

The Attorney General can accept briefs but cannot appear against the Government. He/She cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.

The Attorney General is assisted by a Solicitor General and four Additional Solicitors General. The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the Attorney General are made by the Law Ministry.

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