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Attorney General Of India (AGI)

Posted on June 29, 2021 by admin1  4458

In News

The tenure of Attorney General K.K. Venugopal is extended by the the government for a period of one more year with effect from July 1.

About

  • This is the second time the Centre has extended his tenure. He received his first extension of term in 2020.
  • He was the the 15th Attorney General after senior advocate Mukul Rohatgi and was appointed in July 2017.
  • He had recently represented the Union of India in a case which led to the cancellation of Class 12 exams due to the pandemic & several sensitive cases, includes the challenge to the abrogation of Article 370 and the Citizenship Amendment Act. 

Attorney General Of India

  • S/he is the top legal officer in the country & part of Union Excecutive.
  • S/he is not considered as a government servant.
  • Assisted by 2 Solicitor Generals & 4 Additional Solicitor Generals.
  • Under the Constitution of India, Article 76 deals with for Attorney General of India & Article 165 for Advocate General of States.
  • Eligibility
    • Qualified to be appointed as Supreme Court judge.
    • Citizen of India.
    • Judge of High Court (HC) for 5 years/advocate HC for 10 years/eminent jurist President’s opinion.
  • Tenure: Not fixed.
  • Appointment: By President on Government advice.
  • Functions
    • Advise Government on legal matters.
    • Perform legal duties assigned by President.
    • Appear on behalf of Government in all cases in SC or HC.
    • Represent Government under Article 143 (Power of President to consult SC).
    • Discharge functions conferred by Constitution or law.
  • Rights
    • Right to Speak & take part in proceedings of both Houses of Parliament/joint sitting/any committee of Parliament of which he/she may be named a member.
    • Enjoys privileges & immunities of a member of Parliament.
    • Not a Government servant & not debarred from private legal practice.
  • Limitations
    • No Right to Vote in House proceedings/committees.
    • Should not advise against or hold a brief against Government.
    • Should not defend accused persons in criminal prosecutions without the permission of the Government of India.
    • Should not accept appointment as a director in any company or corporation without the permission of the Government of India.
  • Removal
    • Holds office during President’s pleasure & can be removed by President at any time.
    • No grounds for removal or procedure mentioned in Constitution. 

Source: TH

 
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