Attorney general of india article

Table of Contents • • • • • • • • • • • Council of Ministers Article 74 : Council of Ministers to aid and advise President (1) 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: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. Article 75: Other provisions as to Ministers (1) 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. (1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People. (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either H...

Every Minister and 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, but shall not by virtue of this article be entitled to vote. Article 72, Draft Constitution 1948 Every minister and 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, but shall not by virtue of this article be entitled to vote. Article 88, Constitution of India 1950 Every Minister and 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, but shall not by virtue of this article be entitled to vote. Draft Article 72 (Article 88) was debated on 18 May 1949. It granted the Ministers and the Attorney-General of India the rights to speak and take part in the Parliament. A member moved an amendment to restrict rights under this provision only to the elected members of the Parliament. He argued that according to the principle of ministerial responsibility, only elected members must be made ministers. And elected parliamentarians inherently have the right to take part in the parliamentary proceed...

The Article’s special series over questioning one of the key offices in the country, why does the AGI’s office stay away to come under the RTI Act? Article 76 of the Constitution of India provides that the President shall appoint a person who is qualified to be appointed as a Judge of the Supreme Court to be Attorney General for India. It further stipulates that 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. In general parlance, the Attorney General for India or abbreviated as AGI is the counsel for the Central government of India. He represents the Government of India in Courts. He has the right of audience in all Courts throughout the territory of India. Since the post of the AGI emanates directly from the Constitution of India, there have been legal debates in recent years that whether the AGI comes under the ambit of ‘Right to Information Act’ or not. In 2015, a single judge Bench of the High Court of Delhi ruled that the AGI is a ‘Public Authority’ under the ‘RTI Act’ but the division bench of the same High Court overturned the single Bench’s decision later on. Presently, the matter is pending before the Supreme Court of India for the final adjudication. I...