Article 76 of CoI : Article 76: Attorney-General for India.
CoI
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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:
- Appointment: The President of India appoints Mr. Sharma, a senior advocate qualified to be a Supreme Court judge, as the Attorney-General for India.
- 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.
- 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.
- 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:
- Appointment: The President appoints Ms. Rao, an eminent lawyer with qualifications to be a Supreme Court judge, as the Attorney-General for India.
- 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 ...
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