7.2. 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. He has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting or 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. There are some limitations placed on AG as well, such as

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

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

♤ He should not defend accused persons in criminal prosecution without the permission of the Government of India.

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

However, he does not fall in the category of government servant and he is not debarred from private legal practices. There are also present the offices of Solicitor General of India and Additional Solicitor General of India (extra constitutional) to assist the Attorney General of India in the fulfillment of his official responsibilities.

In 2017, the Delhi HC ruled that the office of Attorney General (AGI) does not come under the

ambit of RTI Act as it is not a public authority under section 2(h) of the act.

Section 2(h): “Public authority” means any authority or body or institution of self-government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any—

(i) body owned, controlled or substantially financed;

(ii) non-Government Organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.