RIGHTS AND LIMITATIONS‌

In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of Parliament.

Following limitations are placed on the Attorney General in order to avoid any complication and conflict of duty:

1. He should not advise or hold a brief against the Government of India.

2. He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.

3. He should not defend accused persons in criminal prosecutions without the permission of the Government of India.

4. He should not accept appointment as a director in any company or corporation without the permission of the Government of India.

5. He should not advise any ministry or department of Government of India or any statutory organization or any public sector undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs2a.

However, the Attorney General is not a fulltime counsel for the Government. He does not fall in the category of government servants. Further, he is not debarred from private legal practice.