Actual Article
Article 76: Attorney-General for India
- The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
- It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
- In the performance of his duties, the Attorney-General shall have the right of audience in all courts in the territory of India.
- The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
UPSC Notes for Article 76
Explanation:
- Appointment: The Attorney-General for India is appointed by the President and must be qualified to be a Supreme Court Judge.
- Duties: The primary role of the Attorney-General is to advise the Government of India on legal matters and perform other legal duties assigned by the President.
- Right of Audience: The Attorney-General has the right to speak and take part in proceedings in all courts within India.
- Tenure: The Attorney-General serves at the pleasure of the President and receives remuneration as determined by the President.
Key Points:
- Qualifications: Must be qualified to be a Supreme Court Judge, which includes being a citizen of India and having been a judge of a High Court for five years or an advocate of a High Court for ten years, or an eminent jurist in the opinion of the President.
- Legal Advisor: Acts as the chief legal advisor to the Government of India, playing a crucial role in interpreting laws and legal policies.
- Court Representation: Represents the Government of India in all legal matters, ensuring the government’s perspective is effectively presented in courts.
Important Cases and Commissions Related to Article 76
Cases:
- S.C. Advocates-on-Record Association vs. Union of India (1993): This case reaffirmed the significance of the Attorney-General’s role and the necessity of legal advice to the government in constitutional matters.
- M.P. Special Police Establishment vs. State of Madhya Pradesh (2004): Highlighted the Attorney-General’s role in representing the government’s stance in court.
Commissions:
- Law Commission Reports: Various reports have analyzed the role and responsibilities of the Attorney-General, recommending reforms for enhancing the efficiency and effectiveness of the office.
- Sarkaria Commission (1983): Discussed the role of the Attorney-General in the context of Centre-State relations and legal advice.
Previous Year Prelims Questions Related to Article 76
- (UPSC Prelims 2012) Which of the following is NOT a function of the Attorney-General of India?
- A. To give advice to the Government of India upon legal matters
- B. To represent the Government of India in legal matters
- C. To defend the Union of India in the Presidential elections
- D. To perform such other duties of a legal character as assigned by the President Correct Answer: C. To defend the Union of India in the Presidential elections
- (UPSC Prelims 2016) Who among the following has the right to speak and take part in the proceedings of both Houses of Parliament but has no right to vote?
- A. Chief Justice of India
- B. Attorney-General of India
- C. Comptroller and Auditor General of India
- D. Solicitor General of India Correct Answer: B. Attorney-General of India
Previous Year Mains Questions Related to Article 76
- Mains 2013: “Discuss the role of the Attorney-General of India in the Indian judicial system. How does this position ensure the government’s legal representation and advice?”
- Mains 2017: “Analyze the significance of the Attorney-General’s right of audience in all courts in the territory of India. How does this privilege facilitate the Attorney-General’s duties?”
Additional Insights:
- Independence and Impartiality: The Attorney-General, while being the chief legal advisor to the government, is expected to maintain a degree of independence and impartiality to provide unbiased legal advice.
- Constitutional Position: As the highest law officer in the country, the Attorney-General’s role is pivotal in upholding the rule of law and ensuring that the government’s actions comply with the Constitution.
- Interface with Judiciary: The Attorney-General’s right of audience in all courts underscores the importance of their role in representing the government’s legal position across various judicial platforms.
Understanding Article 76 is crucial for UPSC aspirants as it provides insights into the highest legal office in India, its functions, and its significance in the Indian legal and judicial system. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the executive’s legal framework and constitutional governance.