Question: Elucidate the powers and functions of Attorney General of India.
Answer: Attorney General of India is a constitutional body under Article of the constitution. Attorney General is the highest executive law office of the country.
Individual considered for the position of Attorney General should be eligible to be appointed as a judge of the supreme court.
Powers of Attorney General of India
- Attorney General has the right to audience in any part of the country. It is his legal right which cannot be denied by any court.
- Attorney General is the legal counsel for the government. He represents the government in any legal dispute along with Solicitor General.
- Attorney General is part of both legislature and executive. He can participate in session of both the houses of the parliament and can also be a member of any Parliamentary committee with the right to speak. However he cannot vote.
- Attorney General does not have security of tenure. He can be removed from the office by the President of India.
- Attorney General has no bar on right to practice after his departure from the office. He can also appear on behalf of private individuals but the case should not involve government as a party.
Functions of Attorney General
- Permission to initiate contempt
The permission of Attorney General is necessary if contempt proceedings are to he initiated on any individual for their views or actions on Court of the country. If he denies the permission, contempt proceedings cannot go ahead.
- Defending government
The Attorney General has the responsibility of defending government in any case where the government is a party. This can either be with states or any private individuals.
- Legislative guidance
The Attorney General also acts as a legal guide while formulating bills and laws in the Parliament by the government. He provides his expertise in traversing complexities of law making.