Indian polity 10

ATTORNEY GENERAL OF INDIA

Overview

• The Attorney General is the Union Government’s chief legal advisor and is its primary lawyer in the Supreme Court
• The Attorney General is the highest law officer in the country
• The first Attorney General of independent India was M C Setalvad 1950-1963
• The current Attorney General is G E Vahanvati (2009 – present)

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Terms of service

• The Attorney General is appointed by the President under Article 76 of the Constitution
• To be appointed Attorney General, a candidate must be qualified to be appointed as a Judge of the Supreme Court

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Powers and functions of the Attorney General

• The Attorney General gives legal advice to the Government of India
• He has the right of audience in all courts in India
• The Attorney General can participate in proceedings of the Parliament without the right to vote
• The Attorney General appears on behalf of the Government of India in all cases in the Supreme Court
• The Attorney General is to be consulted only in legal matters of greatest importance and only after the Ministry of Law has been consulted
• All references to the AG are made by the Ministry of Law
• The Attorney General cannot appear against the Government of India
• The AG cannot defend an accused in criminal proceedings
• The AG cannot accept directorship of a company without permission of the government
• The AG does not have any executive authority
• The Attorney General is assisted by the Solicitor General and four Additional Solicitor Generals

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Solicitor General for India

• The Solicitor General assists the Attorney General
• He is the second highest law officer of the country
• The Solicitor General is assisted by four Additional Solicitors General for India
• Unlike the Attorney General, the Solicitor General does not give legal advice to the government
• The primary responsibility of the Solicitor General is to appear in courts on behalf of the Government of India
• The first Solicitor General of independent India was C K Daphtary (1950-1963)
• The current Solicitor General is Gopal Subramaniam (2009 – present)
  

The Advocate General

• Each state has an Advocate General, whose position is similar to that of the Attorney General of the Centre
• The Advocate General is appointed by the Governor
• A person must be qualified to be a Judge of the High Court to be appointed as Advocate General
• The Advocate General can participate in proceedings of the state legislature without the right to vote

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COMPTROLLER AND AUDITOR GENERAL OF INDIA

Overview

• The Comptroller and Auditor General of India audits all receipts and expenditures of the Union and state governments
• The CAG is empowered to audit all revenues and expenditures of the Union and state governments, whether incurred within India or outside
• The CAG also acts as the external auditor for government owned companies
• The CAG submits his reports to the President (in case of accounts relating to the Union Government) or to the state Governors (for state government accounts)
• The reports of the CAG are taken into account by the Public Accounts Committee of Parliament and state legislatures
• The CAG is also the head of the Indian Audits and Accounts Service (IA&AS)
• The office of the CAG was established in 1860
• The first CAG of India was V Narahari Rao (1948-1954)
• The current CAG is Vinod Rai (2008 – present)

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Terms of service

• The Comptroller and Auditor General of India is appointed by the President
• The CAG can only be removed from office in manner similar to a Judge of the Supreme Court
• The salary and benefits of the CAG cannot be changed to his disadvantage during his tenure
• The CAG is not eligible for further office under the Union of state governments
• The expenses of the office of the CAG (including all salaries, allowances, pensions etc) is charged to the Consolidated Fund of India

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The Indian Audits and Accounts Service (IA&AS)

• The IA&AS is a central government service that functions under the Comptroller and Auditor General of India
• The IA&AS is responsible for auditing the accounts of the Union and state governments and public sector undertakings
• The IA&AS also maintains accounts of state governments
• Under the IA&AS, each state has a Principal Accountant General in charge of audit functions
• Each state also has several Accountants General in charge of accounts and entitlement functions
• Recruitment to the IA&AS is through the Civil Services Exam
• Once recruited, IA&AS officers are trained at the National Academy of Audit and Accounts, Simla