CONSTITIONAL LAW

TOPIC – HIERARCHY IN THE UNION EXECUTIVE AND IT’S MEMBERS

SUBMITTED BY –
PRABHU PAL
17/ARCH/011
IX SEMESTER
DEPARTMENT OF PLANNING AND
ARCHITECTURE, MIZORAM UNIVERSITY
 Government of India
The Government of India (ISO: Bharat Sarkar), often abbreviated as GoI, and also referred to as the Central Government or Union Government or
simply the Centre, is the Union government created by the Constitution of India as the legislative, executive and judicial authority to govern the
union of twenty eight states and eight union territories. The seat of the government is located in New Delhi, the capital of India.

The president of India is the head of state and

the commander-in-chief of the Indian Armed
Forces whilst the elected prime minister acts as
the head of the executive, and is responsible
for running the Union government.
 The President of India
• Head of the Indian state.
• First citizen of India.
• Acts as the symbol of unity, integrity and solidarity of the nation.
• Articles 52 to 78 in Part V of the Constitution deal with Union Executive.
Election of the President

• When an assembly is dissolved, the members cease to be qualified to vote in Presidential elections, even if fresh elections
to the dissolved assembly are not held before the Presidential election.
• All doubts and disputes in connection with election of the President are inquired into and decided by the Supreme Court
whose decision is final.
• Election cannot be challenged on the ground that electoral college was incomplete.
• If election of President is declared void by Supreme Court, acts done by him before the date are not invalidated and
continue to remain in force.
 The President of India

Qualifications for Election as President

• Nomination of a candidate for the election to the office of President must be subscribed by atleast 50 electors as proposers
and 50 electors as seconders.
Oath and Affirmation as President
• Oath of office to President is administered by the Chief Justice of India and in his absence, the seniormost judge of the
Supreme Court available.
• The President swears:
1. To faithfully execute the office.
2. To preserve, protect, and defend the Constitution and the law.
3. To devote himself to the service and well being of the people of India.
 The President of India

Conditions of President’s Office

1. Should not be a member of either House of Parliament or a House of State Legislature.
2. Should not hold any other office of profit.
3. He is entitled to, without payment of rent, to the use of his official residence(the Rashtrapati Bhavan).
4. He is entitled to such emoluments, allowances, and privileges as may be determined by Parliament.
5. His emoluments and allowances cannot be diminished during his term of office.
6. President is entitled to a number of privileges and immunities. a) He enjoys personal immunity from legal liability for his
official acts. b)He is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or
imprisoned.
Term of President’s Office
• President holds office for a term of five years.
• He can resign from his office anytime by addressing the resignation letter to the Vice-President.
• He can also be removed from his office by the process of impeachment.
• President can hold office beyond his term of 5 years until his successor assumes charge.
• Eligible for re-election for any number of terms.
Impeachment of President
• President can be removed from his office by the process of impeachment for ‘violation of the Constitution’.
• Constitution does not define meaning of the phrase ‘violation of the Constitution’.
• Impeachment charges can be initiated by either House of the Parliament.
 The President of India

Impeachment of President

Participants of Impeachment Process

 The President of India

Vacancy in President’s Office

1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal by the process of impeachment.
4. By his death.
5. When he becomes disqualified to hold office or when his election is declared void.
• In case of expiry of the term, the outgoing President continues to hold office till his successor assumes charge. Vice-President does not get a
chance to act as President.
• In case of resignation, removal, or death, the Vice President acts as President until the new President is elected.
• If the office of Vice-President is vacant, the Chief Justice of India(or senior most judge of Supreme Court) acts as President.
Powers and Functions of the President
Executive Powers
1. All executive actions of the Government of India are formally taken in his name.
2. Appoints —the Prime Minister and other ministers. They hold office during his pleasure.
—the CAG
—the Attorney General of India
—the Chief Election Commissioner and other Election Commissioners
—Chairman and members of UPSC
—Governors of States
—Administrators of Union Territories
—Chairman and members of Finance Commission
—Commission to investigate into conditions of SCs, STs and OBCs.
—inter-state council to promote Centre-State and inter-state cooperation.
3. He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister.
4. He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
5. He can make rules for more convenient transaction of business of the Union Government, and for allocation of the said business among the
ministers.
 The President of India

Legislative Powers
1. He can summon or prorogue the Parliament and dissolve the Lok Sabha.
2. He can summon a joint sitting of both the Houses of Parliament.
3. He can address the Parliament at the commencement of the first session after each general election and the first session of
each year.
4. He can send messages to the Houses of Parliament with respect to pending Bills or otherwise.
5. When offices of Speaker/Chairman and Deputy Speaker/Vice-Chairman are vacant, he can appoint any member of Lok
Sabha/Rajya Sabha to preside over its meetings.
6. He nominates 12 members to Rajya Sabha.
7. He nominates 2 members to Lok Sabha from Anglo Indian community.
8. He decides on questions regarding the disqualification of the members of Parliament in consultation with the Election
Commission.
9. His prior recommendation or permission is required to introduce certain types of bills.
10. Bill becomes law only when he gives his assent to the bill.
11. He can promulgate ordinances when Parliament is not in session.
12. He lays the reports of CAG, UPSC, Finance Commission, and others before the Parliament.
13. He can make regulations for the peace and good governance of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar
Haveli and Daman and Diu.
Financial Powers
1. Money bills can be introduced in the Parliament only with his prior recommendation.
2. He causes to be laid before the Parliament, the Annual Financial Statement.
3. No demand for a grant can be made except on his recommendation.
4. He can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.
5. He constitutes a Finance Commission after every 5 years.
 The President of India
Judicial Powers
1. He appoints the Judges of the Supreme Court and High court.
2. He can seek advice from the Supreme Court on any question of law or fact.
3. He can grant pardon, reprieve, respite and remission of punishment or suspend, remit or commute the sentence of any person
convicted of any offence.
Diplomatic Powers
1. The International treaties and agreements are negotiated and concluded on behalf of the President.
2. He represents India in International forums and affairs.
3. He sends and receives diplomats like ambassadors, high commissioners and so on.
Military Powers
1. He is the supreme commander of the defence forces in India.
2. He appoints the Chiefs of the Army, the Navy and the Air Force.
3. He can declare war or conclude peace, subject to the approval of the Parliament
Emergency Powers
1. He is the supreme commander of the defence forces in India.
2. He appoints the Chiefs of the Army, the Navy and the Air Force.
3. He can declare war or conclude peace, subject to the approval of the Parliament
Veto Power of the President
1. He may give his assent to the bill
2. He may withold his assent to the bill.
3. He may return the bill.
• Objective of conferring Veto Power:
1. To prevent hasty and ill-considered legislation by the Parliament.
2. To prevent a legislation which may be unconstitutional.
 The President of India
Absolute Veto
• Power of President to withold his assent to a bill passed by the Parliament. Usually, this veto is exercised in following
two cases:
1. With respect to private members’ bills.
2. With respect to the government bills when the cabinet resigns.
• PEPSU Appropriation Bills(1954)-President Dr. Rajendra Prasad
• Salaries, allowances and Pensions of Members of Parliament(Amendment)Bill(1991)- President R. Venkataraman
Suspensive Veto
• President exercises this veto when he returns a bill for reconsideration of the Parliament.
• President does not possess this veto in case of money bills
Pocket Veto
• In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an
indefinite period.
• Pocket of Indian President is bigger than that of American President.
• Indian Post Office(Amendment) Bill(1986)-President Zail Singh
• President has no veto power in respect of Constitutional Amendment Bill.
 The President of India

Ordinance making power of the President

• Article 123-Constitution empowers the President to promulgate ordinances during the recess of the Parliament.
• Limitations:
1. He can promulgate an ordinance only when both the Houses or when either of the Houses of the Parliament is not in session.
2. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take
immediate action.
3. Cooper Case(1970)-Supreme court held that the President’s decision can be questioned in a court on the ground of malafide.
4. 38th Constitutional Amendment Act of 1975-made President’s satisfaction final and conclusive and beyond judicial review.
5. 44th Constitutional Amendment Act of 1978-President’s satisfaction is justiciable on the ground of malafide.
6. His ordinance making power is coextensive in all matters except duration, with the law making powers of the Parliament.
7. Every ordinance issued by the President during the recess of Parliament must be laid before both the Houses of Parliament
when it reassembles.
• If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of
Parliament.
• The maximum life of an ordinance can be six months of six weeks.
• President’s ordinance making power is not discretionary as he can promulgate or withdraw an ordinance only on the advice of
the council of ministers headed by the prime minister.
• An ordinance may be retrospective, that is, it may come into force from a backdate.
• It may modify or repeal any act of Parliament or another ordinance.
• It can alter or amend tax laws also.
• It cannot be issued to amend the Constitution.
• DC Wadhwa Case(1987)-Court ruled that successive repromulgation of ordinances with the same text without any attempt to
get the bills passed by the assembly would amount to a violation of the Constitution.
 The President of India

Pardoning power of the President

• It is an executive power, independent of Judiciary.
• Article 72-Constitution empowers the President to grant pardons to persons who have been tried and convicted of any
offence in all cases where the,
1. Punishment or sentence is for an offence against a Union Law.
2. Punishment of sentence is by a court martial(military court).
3. Sentence is a sentence of death.
4. Supreme Court laid the following principles regarding the pardoning power of the President:
• The petitioner for mercy has no right to oral hearing by the President.
• The President can examine the evidence afresh and take a different view from the view taken by the court.
• The power is to be exercised by the President on the advice of the Union Cabinet.
• The President is not bound to give reasons for his order.
• The President can afford relief not only from a sentence that he regards as unduly harsh but also from an evident mistake.
• There is no need for the Supreme court to lay down specific guidelines for the exercise of power by the President.
• The exercise of power by the President is not subject to judicial review except where the Presidential decision is arbitrary,
irrational, malafide or discriminatory.
• Where the earlier petition for mercy has been rejected by the President, stay cannot be obtained by filing another petition.
Pardoning power of the President includes the following:
• Pardon-It removes both the sentence and conviction and completely absolves the convict from all sentences, punishments and
disqualifications.
• Commutation-Substitution of one form of punishment for a lighter form.
• Remission-Reducing the period of a sentence without changing its character.
• Respite-Awarding a lesser sentence in place of one originally awarded due to some special fact.
• Reprieve-Stay of the execution of a sentence(especially death sentence) for a temporary period.
 The President of India

Constitutional position of the President

• He is nominal executive.
• He is head of the State but not of the Executive.
• He represents the nation but does not rule the nation.
• He is the symbol of the nation.
• His place in administration is that of a ceremonial device or a seal by which the nation’s decisions are made known.
• He is generally bound by the advice of his ministers.
• 42nd Constitutional Amendment Act of 1976-Made the President bound by the advice of council of ministers headed by the
Prime Minister.
• 44th Constitutional Amendment Act of 1978-Authorised the President to require the council of ministers to reconsider such
advice.
Discretion of the President
• The President does not have any Constitutional discretion but some situational discretion:
1. Appointment of Prime Minister when no party has a clear majority in Lok Sabha or when the Prime Minister in office dies
suddenly.
2. Dismissal of the Council of ministers when it cannot prove the Confidence of Lok Sabha.
3. Dissolution of the Lok Sabha if the council of ministers has lost its majority.
 Vice President of India

• The Vice President of India occupies the second highest office in the country.
• He is accorded a rank next to the President in the official warrant of precedence.
• This office is modeled on the lines of the American Vice-President.
• His superfluous highness
Election of Vice President
• The Vice President of India is elected by the method of indirect election.
• He is elected by an electoral college consisting of the members of both the Houses of Parliament:
1.The electoral college consists of both elected and nominated members of the Parliament.
2.It does not include the members of state legislative assemblies.
• The election is held in accordance with the system of proportional representation by means of the single transferable
vote and the voting is by secret ballot.
• All disputes related to the election of Vice-President are inquired into and decided by the Supreme Court whose
decision is final.
Qualifications to be a Vice President
1. The Vice President of India should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Rajya Sabha.
4. He should not hold any office of profit under the Union Government, State Government, any local or public authority.
5. The nomination of a candidate for election to the office of Vice-President must be subscribed by at least 20 electors as
proposers and 20 electors as seconders.
Oath and Affirmation
Oath to the Vice President of India is administered by the President or some person appointed in that behalf by him.
 Vice President of India

Conditions of Vice President’s Office

• Constitution lays down following two conditions of Vice-President’s office:
1. He should not be a member of either House of the Parliament or a House of the State Legislature.
2. He should not hold any other office of profit.
Term of Vice President’s office
• The term of office of Vice President of India is Five years.
• He can resign by addressing the resignation letter to the President.
• A formal impeachment is not required for his removal. He can be removed by a Resolution of the Rajya Sabha passed by a
special majority and agreed to by the Lok Sabha.
• No ground has been mentioned in the Constitution for his removal.
• He can hold office beyond the term of five years until his successor assumes charge.
• He is eligible for re-election.
Vacancy in Vice President’s office
Office of Vice President of India falls vacant in following situation:
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal.
4. By his death.
5. When he becomes disqualified or when his election is declared void.
Powers and Functions of Vice-President
1. He acts as ex-officio chairman of Rajya Sabha.
2. He acts as President when a vacancy occurs in the office of the President. Only for a period of 6 months.
 Prime Minister of India

• Prime Minister of India is the real executive authority.

• He is head of the Government.
Appointment of the Prime Minister of India
• No specific procedure for the selection and appointment of the Prime Minister of India is mentioned in the Constitution.
• Article 75-Prime Minister shall be appointer by the President.
• According to the conventions of the Parliamentary system of Government, the President has to appoint the leader of the
majority party in the Lok Sabha as the Prime Minister.
• The President has to exercise his personal discretion in the following two circumstances:
1. When no party has a clear majority.
2. When the Prime Minister in office dies and there is no obvious successor.
• In 1997, the Supreme Court held that a person who is not a member of either House of Parliament can be appointed as
Prime Minister for six months, within which he should become a member of either House of Parliament, otherwise, he
ceases to be a Prime Minister.
Oath, term and salary
• The President administers the oath to the Prime Minister.
• The term of the office of the Prime Minister is not fixed and he holds office during the pleasure of the President.
Chief Ministers of States who became Prime Ministers of India
• Morarji Desai
• Charan Singh
• V.P Singh
• P.V Narsimha Rao
• H.D Devegowda
• Narendra Modi
 Prime Minister of India

Powers and functions of the prime minister of India

In relation to the Council of Ministers

• He recommends persons who can be appointed as ministers by the President.
• He allocates and reshuffles various portfolios among the ministers.
• He can ask a minister to resign or advise the President to dismiss him in case of a difference of opinion.
• He presides over the meeting of the council of ministers and influences its decisions.
• He guides, directs, controls, and coordinates the activities of all the ministers.
• He can bring about the collapse of the council of ministers by resigning from office.
• The other ministers cannot function as Prime Minister when Prime Minister resigns or dies.

In relation to the President

1. He is the principal channel of communication between the President and the council of ministers.

2. He advises the President with regard to the appointment of important officials like attorney general of India, CAG, Chairman
and members of UPSC, Election Commissioners, Chairman and member of Finance commission and so on.

In relation to Parliament
1. He advises the President with regard to summoning and proroguing of the sessions of the Parliament.

2. He can recommend the dissolution of the Lok Sabha to President at any time.

3. He announces government policies on the floor of the House.

 Prime Minister of India

Other powers and functions of the Prime Minister of India

• He is the chairman of the NITI Aayog, National Development Council.
• He plays a significant role in shaping the foreign policy of the country.
• He is the chief spokesman of the Union government.
• He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the nation, he meets various sections of people in different states and receives memoranda from them
regarding their problems.
• He is the leader of the party in power.
• He is the political head of the services.
Role Descriptions of the Prime Minister of India
• Primus inter pares(first among equals)-Lord Morley, Herbert Marrison
• Inter stellas luna minores(a moon among lesser stars)-Sir William Vernor Harcourt
• A pivot around which the entire government machinery revolves-H.J Laski
• Master of the Government.-H.R.G Greaves
• The captain of the ship of the state-Munro
Relationship of the Prime Minister of India with the President
• Article 74- There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who
shall, in the exercise of his functions, act in accordance with such advice.
• Article 75- The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the
President on the advice of the Prime Minister.
• Article 78- It shall be the duty of the Prime Minister to communicate to the President all decisions of the council of
ministers relating to the administration of the affairs of the Union and proposals for legislation.
 Central Council of Ministers

• The council of ministers headed by the Prime Minister is the real executive authority in our politico-administrative system.
• Article 74 deals with the status of the council of ministers.
• Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the ministers.
Constitutional Provisions
Article 74
• Council of Ministers to aid and advise President
• There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the
exercise of his functions, act in accordance with such advice.
• The advice tendered by Ministers to the President shall not be inquired into in any court.
Article 75
• Other Provisions as to Ministers
• The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the
advice of the Prime Minister.
• The total number of ministers, including the Prime Minister, in the Council of Ministers, shall not exceed 15% of the total
strength of the Lok Sabha(91st Amendment Act of 2003).
• A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall
also be disqualified to be appointed as a minister(91st Amendment Act of 2003).
• The ministers shall hold office during the pleasure of the President.
• The council of ministers shall be collectively responsible to the Lok Sabha.
• The President shall administer the oaths of office and secrecy to a minister.
• The minister who is not a member of the Parliament(either House) for any period of six consecutive months shall cease to
be a minister.
• The salaries and allowances of ministers shall be determined by the Parliament.
 Central Council of Ministers

Article 77
• Conduct of Business of the Government of India
1. All executive action of the Government of India shall be expressed to be taken in the name of the President.
2. Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as
may be specified in rules to be made by the President.
3. The President shall make rules for the more convenient transaction of business of the Government of India and for the
allocation among Ministers of the said business.
Article 78
• Duties of Prime Minister
To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the
Union and proposals for legislation.
To furnish such information relating to the administration of the affairs of the Union and proposals of legislation as the
President may call for.
If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has
been taken by a Minister but which has not been considered by the Council.
Article 88
• Rights of Ministers with respect to the Houses
1. Every minister shall have the right to speak and take part in the proceedings of either House, any joint sitting of the
Houses, and any Committee of Parliament of which he may be named a member but he shall not be entitled to vote.
 Central Council of Ministers

Nature of Advice by Ministers

• The advice tendered by the Council of Ministers to the President shall be binding on the President-42nd and 44th
Constitutional Amendment Acts.
• Nature of advice tendered by ministers cannot be enquired into by any court.
• Intimate and confidential relationship between ministers and the President.
• In 1971, Supreme Court held that ‘even after dissolution of Lok sabha, council of ministers does not cease to hold office’.
Appointment of Ministers
• Ministers are appointed by the President on the advice of the Prime Minister.
• A person who is not the member of either House of the Parliament can also be appointed as the minister for six months.
Oath and Salary of Ministers
The President administers oath of office and secrecy to ministers.
Responsibility of Ministers
Collective Responsibility
• Article 75-Council of ministers is collectively responsible to the Lok Sabha.
• When Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers have to resign including
those ministers who are from Rajya Sabha.
• Cabinet decision binds all cabinet ministers and other ministers.
Individual Responsibility
• Article 75-Ministers hold office during pleasure of the President.
• The President can remove a minister even a t a time when the council of ministers enjoys the confidence of the Lok Sabha.
• However, President removes a minister only on the advice of the Prime Minister.
 Central Council of Ministers
No Legal Responsibility
• It is not required that an order of the President for public act should be countersigned by a minister.
• The courts are barred from enquiring into the nature of advice rendered by the ministers to the President.
Composition of the Council of Ministers
• Cabinet Ministers
• Ministers of State
• Deputy Ministers
• Parliamentary Secretaries
 Central Council of Ministers
Role of Cabinet
1. Highest decision making authority.
2. Chief policy formulating body.
3. Supreme executive authority.
4. Chief coordinator of the central administration.
5. An advisory body to the President.
6. Chief crisis manager.
7. Deals with all major legislative and financial matters.
8. Exercises control over higher appointments.
9. Deals with all foreign policies and foreign affairs.
Role Description
1. The Cabinet is the steering wheel of the ship of the state-Ramsay Muir
2. The Cabinet is the keystone of the political arch-Lowell
3. The Cabinet is the pivot around which the whole political machinery revolves-Sir John Marriott
4. The Cabinet is the solar orb around which the other bodies revolve-Gladstone
5. The Cabinet is the magnet of policy-Barker
6. The Cabinet is a hyphen that joins, the buckle that binds the executive and legislative departments together-Bagehot
7. The Cabinet is the core of the British Constitutional System. It provides unity to the British System of Government-Sir Ivor
Jennings
8. The Cabinet is the central directing instrument of Government-L.S Amery
Kitchen Cabinet
1. Also called ‘inner cabinet’.
2. It is an extra-constitutional and informal body.
3. Consists of the Prime Minister and two to four influential colleagues in which he has faith.
4. Composed of not only cabinet ministers but also outsiders like friend and family.
 Central Council of Ministers

Cabinet Committees
1. They are extra-constitutional in nature. However, the Rules of Business provide for their establishment.
2. They are of two types-standing(permanent), ad hoc(temporary).
3. They are set up by the Prime Minister according to the exigencies of the time requirements of the situation.
4. Membership varies from three to eight. Usually includes only cabinet ministers but non-cabinet ministers are not debarred
from their membership.
5. Includes Ministers in charge of the subjects covered by them and also other senior ministers.
6. They are mostly headed by the Prime Minister but sometimes Home Minister and Finance Minister also acts as their
Chairman.
7. Cabinet can review their decisions.
8. They are an organizational device to reduce the enormous workload of the Cabinet.
 Central Council of Ministers
List of Cabinet Committees
At present(2016), the following 6 Cabinet Committees are functional:
1. Cabinet Committee on Political Affairs
2. Cabinet Committee on Economic Affairs
3. Appointments Committee of the Cabinet
4. Cabinet Committee on Security
5. Cabinet Committee on Parliamentary Affairs
6. Cabinet Committee on Accommodation
Functions of Cabinet Committees
1. The Political Affairs Committee- Deals with all policy matters pertaining to domestic and foreign affairs.(Prime Minister)
Super Cabinet
2. The Economic Affairs Committee- Directs and coordinates the governmental activities in the economic sphere. (Prime
Minister)
3. Appointments Committee – Decides all higher-level appointments in the Central Secretariat, Public Enterprises, Banks and
Financial Institutions. (Prime Minister)
4. Parliamentary Affairs Committee- Looks after the progress of government business in Parliament . (Home Minister)
 Attorney General of India

• The Attorney General of India is a Constitutional Position.

• Article 76 has provided for the post of the Attorney General of India.
• Attorney General of India is the highest law officer in the Country.
Appointment and Term of Attorney General of India
• Attorney general of India is appointed by the President.
• He must be a person who is qualified to be a judge of the Supreme Court.
 Attorney General of India

Qualification of Supreme Court Judges

• His term of office is not fixed by the Constitution.
• The Constitution does not contain the procedure and grounds for his removal.
• Holds office during the pleasure of the President.
• He may also quit by submitting his resignation to the President.
• He resigns when the government(council of ministers) resigns or is replaced, as he is appointed on its advice.
• His remuneration is determined by the President.
Duties and Functions of the Attorney General of India
1. To give advice to the Government upon such legal matters which are referred to him by the President.
2. To perform such other duties of a 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.
4. To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is
concerned.
5. To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the
Constitution.
6. To appear(when required by the Government of India) in any high court in any case in which the Government of India is
concerned.
Rights and Limitations of the Attorney General of India Rights
• Has the right of audience in all courts in the territory of India.
• 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.
• Without the right to vote.
• He enjoys all the privileges and immunities that are available to a member of Parliament.
 Attorney General of India

Limitations
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 permission of the
Government of India.
• Attorney General is not the full-time counsel for the Government.
• He does not fall in the category of Government servants.
• He is not debarred from private legal practice.
• He is not a member of the central Cabinet.
Solicitor General of India
• These are other law officers of the Government of India.
• They assist AG in fulfillment of his official responsibilities.
• This office is not created by the Constitution.
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