10.1. Duties and Functions

As chief law officer of the Government of India, the duties of AG include the following:

1) To give advice to the Government of India upon such legal matters, which are referred to him by the President.

2) To perform such other duties of legal character that are assigned to him by the President.

3) To discharge the functions conferred on him by the Constitution or any other law.

The President has assigned the following duties to the AG:

1) To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.

2) To appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned.

3) To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

In the performance of his official duties, the AG has the right to 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. It may be noted that the AG is not a member of Cabinet.

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

1) He should not advice or hold brief against the Government of India

2) He should not defend accused persons in criminal prosecutions without the permission of Government of India

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

Solicitor General and Additional Solicitor General are other law officers of Government of India. They assist the AG in fulfilment of his official responsibilities. It should be noted here that only the office of the AG is created by the Constitution under Article 76 and the offices of Solicitor General and Additional Solicitor General are not mentioned in the Constitution.