Mukul Rohatgi declines the offer of appointment as Attorney General: Basics Explained

Senior Counsel Mukul Rohtagi has declined the government’s offer to be appointed as the Attorney General for India.

LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS

The Attorney General for India is the Indian government’s chief legal advisor, and its primary lawyer in the Supreme Court of India. He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court, also must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President and must be a citizen of India.

In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of 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.

Under Article 88, the “Attorney-General of India shall have the right to speak in, and otherwise to 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”. However, he “shall not by virtue of this article be entitled to vote” in the House.

The first two incumbents of the post were the legendary M C Setalvad and C K Daphtary.

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