Attorney General of India

• The office of the Attorney General for India is provided by the Constitution (Article 76). He/she is the highest law officer in the country.

Appointment and Term

• Appointed by the President.
• Must be qualified to be appointed as a judge of the Supreme Court. Qualifications:
  • Citizen of India.
  • Judge of some high court for five years.
  • Advocate of some high court for ten years.
  • Eminent jurist, in the opinion of the President.
• The term of office is not fixed by the Constitution.
• The Constitution does not contain the procedure and grounds for his/her removal.
• Holds office during the pleasure of the President.
• May quit office by submitting resignation to the President.
• Conventionally resigns when the government (council of ministers) resigns or is replaced, as he/she is appointed on its advice.
• The remuneration is not fixed by the Constitution, President determines it.

Duties and Functions

• Chief law officer of the Government of India.

  • Give advice to the Government of India upon such legal matters, which are referred to him/her by the President.
  • Perform such other duties of a legal character that are assigned to him/her by the President.
  • Discharge the functions conferred on him/her by the Constitution or any other law.

• Duties assigned by the President:

  1. Appear on behalf of the Government of India in all cases in the Supreme Court.
  2. Represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
  3. Appear (when required by the Government of India) in any high court in any case.

Rights and Limitations

• Right of audience in all courts in the territory of India.
• Right to speak and take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he/she may be named a member, but without a right to vote.
• Enjoys all the privileges and immunities that are available to a member of Parliament.
• Limitations:
  1. Should not advise or hold a brief against the Government of India.
  2. Should not advise or hold a brief in cases in which he/she is called upon to advise or appear for the Government of India.
  3. Should not defend accused persons in criminal prosecutions without the permission of the Government of India.
  4. Should not accept appointment as a director in any company or corporation without the permission of the Government of India.
  5. Should not advise any ministry or department of Government of India or any statutory organization or any public sector undertaking unless the proposal or a reference in this regard is received through the Ministry of Law and Justice, Department of Legal Affairs.
• Not a full-time counsel for the Government.
• Does not fall in the category of government servants.
• Not debarred from private legal practice.

Solicitor General of India

• Other law officers of the Government of India: Solicitor General of India and Additional Solicitor General of India.
• Assist the AG in the fulfillment of his/her official responsibilities.
• The office of AG is created by the Constitution(Article 76), not the Solicitor General.
• AG is not a member of the Central cabinet.
• There is a separate law minister in the Central cabinet to look after legal matters at the government level.

Articles related to AG

Article No.	Subject-matter
76	Attorney-General of India
88	Rights of Attorney-General as respects the Houses of Parliament and its Committee
105	Powers, privileges, and immunities of Attorney-General