The Attorney General for India is the Union Government’s chief legal advisor and its primary lawyer in the Supreme Court of India. Established under Article 76, the AG is the highest law officer in the country and is part of the Union Executive.
Appointment, Qualifications, and Tenure
Constitutional provisions regarding the office of the Attorney General are as follows:
- Appointment: The Attorney General is appointed by the President of India on the advice of the Government.
- Qualifications: Must be qualified to be a Judge of the Supreme Court (Citizen of India, 5 years HC Judge, 10 years HC Advocate, or eminent jurist).
- Term of Office: The term is not fixed by the Constitution. They hold office during the pleasure of the President.
- Removal: No specific procedure for removal is mentioned in the Constitution. Conventionally, they resign when the Council of Ministers is replaced.
- Remuneration: Not fixed by the Constitution; they receive such remuneration as the President may determine.
Duties and Functions
The President assigns the following duties to the Attorney General:
- Legal Advice: Advise the GOI on legal matters referred by the President.
- Supreme Court Appearance: Represent the GOI in all cases in the Supreme Court where the government is a party.
- Article 143: Represent the GOI in references made by the President to the Supreme Court under Article 143.
- High Court Representation: Appear in any High Court in cases involving the Government of India when required.
Rights and Limitations
The AG enjoys specific privileges to perform their role effectively, while adhering to certain ethical boundaries:
| Rights & Privileges | Limitations |
|---|---|
|
Right of Audience: Can appear in all courts in India. Parliamentary Rights: Right to speak and participate in both Houses of Parliament and committees (without the right to vote). MP Privileges: Enjoys all immunities available to a Member of Parliament. |
Government Interest: Should not advise or hold a brief against the GOI. Criminal Cases: Cannot defend an accused person in criminal proceedings without government permission. Private Directorship: Cannot accept a directorship in any company without permission. |
Note for Aspirants
Unlike the Attorney General of England, the AG of India is not a member of the Cabinet. They are not a full-time counsel for the Government and are not barred from private legal practice, provided it does not conflict with their duties to the GOI.