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This post was published to IAS Help at 20:55:02 20/01/2010

Indian Polity #10 | Study Material::General Studies | IAS Help


Category Indian Polity

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
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Material, General Studies, General Studies Question Paper, Free, Study Material, Question Paper, 2009, 2010, India

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