Article 76 of CoI : Article 76: Attorney-General for India.

Explanation using Example

Example 1:

Scenario: The Government of India is considering implementing a new policy related to data privacy and protection.

Application of Article 76:

1. Appointment: The President of India appoints Mr. Sharma, a senior advocate qualified to be a Supreme Court judge, as the Attorney-General for India.
2. Duty to Advise: The Ministry of Electronics and Information Technology seeks legal advice on the new data privacy policy. The Attorney-General, Mr. Sharma, reviews the policy and provides his legal opinion on its compliance with the Constitution and existing laws.
3. Right of Audience: A public interest litigation is filed in the Supreme Court challenging the new data privacy policy. Mr. Sharma, as the Attorney-General, represents the Government of India in the court, arguing in favor of the policy.
4. Tenure and Remuneration: Mr. Sharma continues to serve as the Attorney-General as long as he enjoys the confidence of the President. He receives remuneration as determined by the President.

Example 2:

Scenario: A constitutional amendment is proposed to change the structure of the Goods and Services Tax (GST) in India.

Application of Article 76:

1. Appointment: The President appoints Ms. Rao, an eminent lawyer with qualifications to be a Supreme Court judge, as the Attorney-General for India.
2. Duty to Advise: The Finance Ministry seeks Ms. Rao's legal opinion on the proposed constitutional amendment related to GST. She examines the amendment and advises on its legal implications and constitutionality.
3. Right of Audience: The amendment is challenged in the High Court by a group of businesses. Ms. Rao, as the Attorney-General, appears in the High Court to defend the amendment on behalf of the Government of India.
4. Tenure and Remuneration: Ms. Rao serves as the Attorney-General at the pleasure of the President and receives a salary as determined by the President.

Example 3:

Scenario: The Government of India needs to defend a controversial law related to land acquisition in the Supreme Court.

Application of Article 76:

1. Appointment: The President appoints Mr. Verma, a distinguished lawyer eligible to be a Supreme Court judge, as the Attorney-General for India.
2. Duty to Advise: The Ministry of Rural Development seeks Mr. Verma's legal advice on the land acquisition law. He provides a detailed legal opinion on the law's provisions and their alignment with constitutional principles.
3. Right of Audience: The law is challenged in the Supreme Court by various stakeholders, including farmers and NGOs. Mr. Verma, as the Attorney-General, represents the Government of India, presenting arguments to justify the law.
4. Tenure and Remuneration: Mr. Verma holds the office of Attorney-General as long as he has the President's confidence and receives remuneration as decided by the President.

Example 4:

Scenario: The Government of India is involved in an international arbitration case regarding a trade dispute.

Application of Article 76:

1. Appointment: The President appoints Ms. Kapoor, a renowned lawyer qualified to be a Supreme Court judge, as the Attorney-General for India.
2. Duty to Advise: The Ministry of Commerce seeks Ms. Kapoor's legal advice on the international arbitration case. She provides her expert opinion on the legal strategy and implications of the case.
3. Right of Audience: The case is brought before the International Court of Justice. Although the Attorney-General's right of audience is primarily within Indian courts, Ms. Kapoor's expertise and advice are crucial in preparing the Government's legal team for the international proceedings.
4. Tenure and Remuneration: Ms. Kapoor serves as the Attorney-General at the pleasure of the President and is compensated as per the President's determination.