AGI performs duties akin to an professional Senior Advocate and not of a Public Office.
The Division Bench of Delhi High Court today ruled that the office of the Attorney General of India (AGI) does not come under the ambit of the Right to Information (RTI) Act as it is not a “public authority.”
Heading the DB Chief Justice G Rohini and Justice Jayant Nath came to this conclusion on the appeals by the Centre whereby it challenged the decision of a single judge who had held that the office of the AGI shall be treated as a public authority falling under the ambit of the RTI Act.
Bench opined that it cannot be ignored that AGI ‘s predominant function is to give advice upon legal matters and to appear in court which is akin to duties of an advocate/Senior advocate.
In the impugned order of single judge it had declared that the AGI’s office as a public authority as it performs the functions as are required by virtue of Article 76(2) of the Constitution.
Single Judge was hearing a challenge to the December 2012 CIC order that the AGI is not a public authority.