Maybe you’ve heard the term on the news or had an older relative throw it around during some heated debate in the family lounge. But have you ever wondered who the Attorney-General is? I mean he obviously has something to do with the law and probably holds a very powerful position but that is where our knowledge on the topic generally ends, which is why it is time for some research. How does someone become the Attorney General?
The office of Attorney-General was established in 1947 when Pakistan became independent but there have been certain changes for the position since then. Currently, it is governed by Article 100 of the 1973 constitution, which states both the requirements for appointment and duties of the Attorney-General. Although the appointment is made by the President, it is the Prime Minister who puts a nomination forward. The nominee must be someone who is qualified to be appointed as a Judge of the Supreme Court and thus has considerable legal knowledge and experience. What are his functions & duties?
Primarily the Attorney-General is known as the Chief Legal Advisor to the Government of Pakistan and its representative lawyer in the Supreme Court of Pakistan. He also has the right of audience in all the courts and tribunals within Pakistan. His duties as such are related to representing and defending the interests of the Federal Government while giving them legal guidance on matters of policy and the implementation of its decisions. He is also required to perform any duty of a legal nature that the government assigns to his office. The Attorney General also has the right of audience within the parliament and is as such often a called a bridge between the two pillars of the state. How does one person manages to fulfill so many important duties?
Well, the Attorney General obviously does not work alone and is assisted by a team of 145 Law Officers (Additional Attorneys-General, Deputy Attorneys-Generals, and Standing Counsels) around the country. These Law Officers are distributed cases involving the Federal Government by the Attorney General whom they can approach for advice at any given time. How much administrative control does the Attorney General have?
Just like any other Government office, there are certain limitations over the Attorney General. His office lies under the administrative control of the Ministry of Law, Justice and Human Rights and is thus kept in check by them. The Constitution bars the Attorney-General from private practice during the term of his service and states that he cannot take any case or give advice against the government. There is also a prohibition on participation in elections or any sort of politics. Violation of any of these rules are generally referred to the government and dealt with accordingly. The Current Attorney General
On 31 August 2018 Anwar Mansoor Khan was appointed as the 34th Attorney-General of Pakistan. Interestingly this is not his first stint as the Attorney General, Khan was appointed to the same post in 2009 by the Pakistan People’s Party but resigned after reportedly developing differences with the then law minister, Babar Awan. His legal abilities are apparent in how the Karachi based lawyer has taken up prominent cases in the past. These include acting as counsel for Pervez Musharraf in the treason case and defending the Pakistan Tehreek-e-Insaf before the Supreme Court in Imran Khan’s disqualification case.