Attorney General of India

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Attorney General of India

Attorney General of India

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The Attorney General of India (AGI) is the highest law officer of the country and the chief legal advisor to the Government of India. Established under Article 76 of the Constitution, the Attorney General represents the Union Government in legal matters and ensures that the actions of the State conform to the rule of law.

Appointment and Term

The Attorney General of India (AG) is appointed by the President under Article 76(1) of the Constitution. He/she must be a person who is qualified to be appointed as a judge of the Supreme Court. In other words, the Attorney General must:

Be a citizen of India, and
Have been a judge of some High Court for five years, or an advocate of a High Court for ten years, or be an eminent jurist in the opinion of the President.

Tenure

The term of office of the Attorney General is not fixed by the Constitution.
There is no specified age limit for the post.
The Attorney General holds office during the pleasure of the President, meaning he/she can be removed by the President at any time.

Resignation

The Attorney General may resign from office by submitting a written resignation to the President.
By convention, the Attorney General resigns when the Council of Ministers resigns or is replaced, since the appointment is made on the advice of the government in power.

Removal

The Constitution does not specify any procedure or grounds for removal of the Attorney General.
He/she serves at the pleasure of the President, who can remove the AG at any time.

Duties and Functions of the Attorney General of India

Constitutional Duties

As the chief law officer of the Government of India, the duties of the Attorney General (AG) are defined under Article 76(2) of the Constitution. They include:

To advise the Government of India on legal matters referred to him/her by the President.
To perform such other duties of a legal character as may be assigned by the President.
To discharge functions conferred on him/her by the Constitution or any other law in force.

Duties Assigned by the President

In addition to the constitutional functions, the President has assigned the following specific duties to the Attorney General:

To appear on behalf of the Government of India in all cases before the Supreme Court in which the Union Government is concerned.
To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 (Advisory Jurisdiction).
To appear, when required by the Government of India, in any High Court in cases where the Union Government is concerned

Rights and Limitations of the Attorney General of India

Rights and Privileges

In the performance of official duties, the Attorney General (AG) enjoys several important rights and privileges:

Right of Audience:
- In the performance of his/her official duties,the AG has the right of audience in all courts within the territory of India.
Right to Participate in Parliament:
- The AG has the right to speak and take part in the proceedings of both Houses of Parliament, or their joint sittings, and in any parliamentary committee of which he/she may be a member.
- However, the AG does not have the right to vote in Parliament.
Parliamentary Privileges:
- The AG enjoys all the privileges and immunities available to Members of Parliament.

Limitations and Restrictions

To avoid conflicts of interest and ensure the independence of the office, certain limitations are imposed on the Attorney General:

He/she should not advise or hold a brief against the Government of India.
He/she should not advise or appear in cases where he/she is required to represent or advise the Government of India.
He/she should not defend accused persons in criminal cases without the prior permission of the Government of India.
He/she should not accept directorship in any company or corporation without the permission of the Government of India.
He/she should not advise any ministry, department, statutory organization, or PSU unless the reference or proposal is routed through the Ministry of Law and Justice (Department of Legal Affairs).

Nature of the Office

The Attorney General is not a full-time counsel for the Government of India.
The AG is not a government servant, and hence, does not receive a fixed salary or tenure like other officials.
The AG is permitted to practice privately, provided such practice does not create a conflict with official duties.

Article 76 in Constitution of India

Attorney-General for India

(1)The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.

(2)It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3)In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.

(4)The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine

The Attorney General of India plays a crucial role in upholding the rule of law and ensuring that the government’s actions are legally sound. As the chief legal advisor and the government’s principal advocate, the AG maintains the delicate balance between executive authority and judicial oversight. The effectiveness of the Attorney General lies not merely in legal expertise, but in the capacity to combine constitutional wisdom with integrity and independence — the hallmarks of India’s democratic governance.

FAQs

1. Who is the Attorney General of India?

The Attorney General (AG) of India is the highest law officer of the country and serves as the chief legal advisor to the Government of India. The office is created under Article 76 of the Constitution.

2. Who appoints the Attorney General of India?

The President of India appoints the Attorney General. The appointment is made on the advice of the Council of Ministers.

3. What are the qualifications required to become the Attorney General of India?

A person is qualified to be appointed as Attorney General if he/she is qualified to be a judge of the Supreme Court.

This means the person must:

Be a citizen of India, and
Have been a judge of a High Court for at least five years, or
Been an advocate of a High Court for at least ten years, or
Be an eminent jurist, in the opinion of the President.

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