The Attorney general is the highest law officer of India, He is responsible for giving legal advice to the government. Article 76 and 78 of Indian Constitution deals with the position of Attorney General. A person should the qualified to be an attorney general, he should be a judge in the high court for at least 5 years or should be a practicing lawyer for not less than 10 years.
The Attorney General is appointed by the President of India Article 76 (1) and holds the office during the pleasure of the president.
What is the holding the office during the pleasure of the President means?
The term has been traveled through Great Britan, where is originally meant that a person who holds the office can be removed without any notice or cause,but as of today we all live in a democracy and accountability is one of the pillars of the strong administration removing an officer without any reason is invalid.
The Supreme Court in Sardari Lal v. Union Of India 1971, held that the President can remove an officer holding office under his pleasure as he thinks fit, but this judgement was soon overruled in Shamsher Singh v State of Punjab 1974, now the term Pleasure of president refers to Pleasure of Council of Ministers.
Thus, an Attorney General can be removed on the recommendation of the Councils of Ministers, the Constitution does not provide a fixed tenure, neither the procedure nor the ground for removal from office is mentioned in the Constitution.
Role and Responsibility of Attorney General Of India.
1.The main role of Attorney General is to act as legal advisor to the government on any legal matter, referred to him by the president, time to time the President keeps referring legal Matter that suits the interest of the Attorney General.
2. In any case where the government of India is related to, it is the duty of Attorney General to appear in the supreme Court on the Government's behalf.
3. He has to represent the union government in any reference made by the President to the Supreme Court under Article 143 of the Constitution of India. (Power of President to consult Supreme Court)
4. He also appears in the High Court if any case is related to the Government of India.
Facts
Attorney General is part of executive body, Though he has judicial functions, the Attorney General is part of executive function.
2. He can take part in the proceedings of both the houses of parliament or in their joint sitting, but attorney general do not have right to vote in the house.
3. He is not considered as a government servant.
4.The Attorney General can practice privately too.
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