Luxmikant Polity Crux Static Books Crux Notes

LUXMIKANT POLITY CRUX NOTES-CHAPTER-52

Attorney General of India

Art. 76 Highest law officer of the country there are solicitor & additional spoliator general to help him.
Appointment And Term Ø  appointed by the president

Ø  qualification same as Judge of SC

Ø  Citizen of India/Judge of HC = 5 year/Adv. Of HC = 10 years/Eminent Jurist Can resign – POI

Ø  Conventionally when a govt resign the A.G resign

·         Term of office

·         Salary

·         Procedure & ground of removal

·         Not decided in COI so till & Cash of POI

Duties ·         To advice to the Government of India upon general legislature.

·         To perform duty of a legal charter provided by POI.

·         To discharge function conferred by him on, or by Const.

·         To appear on behalf of GOIU in SC or HC.

·         To represent the GOI inn only reference made by POI under Art. 143

Rights ·         Pvt practiced allowed

·         Right of audience in all court/right to participate in Parl. Joint sitting session committee but not to vote.

·         All the privileges & immunities of Member of Parliament

·         Not a full time counsel for the Government

Limitations ·         Brief against GOI (x)

·         Should defend criminal prosecution, without GOI permission

·         Should not accept appointment as director of any company without permission of GOI.

·         No case against GOI (appear) (x)

Art. 76 Solicitor General of India ·         Two additional law officers: solicitor general of India and additional solicitor general of India.

·         They assist the AG in the fulfilment of his official responsibilities.

·         Article 76 does not mention about the solicitor general and additional solicitor general.

·         AG is not a member of the central cabinet – separate law minister in the central cabinet to look after legal matters at government level

Art. 88 Rt. of AG as respects the Houses of Parliament and its Committee
Art 105 Power, Privileges & immunities of Attorney-General

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