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Attorney General of India

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1. Appointment and Term (Article 76)

The Constitution (Article 76) has provided for the office of the Attorney General for India (AGI). He is the highest law officer in the country.

  • Appointment: Appointed by the President on the advice of the government.
  • Qualifications: Must be a person who is qualified to be appointed a judge of the Supreme Court (i.e., citizen of India and has been a judge of a high court for 5 years or advocate of a high court for 10 years or an eminent jurist).
  • Term: The term of office is not fixed by the Constitution. He holds office during the pleasure of the President.
  • Remuneration: Not fixed by the Constitution. He receives such remuneration as the President may determine.

2. Duties and Functions

As the chief law officer of the Government of India, the duties of the AG include:

  1. To give advice to the Government of India upon such legal matters, which are referred to him by the President.
  2. To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
  3. To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
  4. To appear (when required by the GoI) in any high court in any case in which the GoI is concerned.

3. Rights and Limitations

Rights:

  • In the performance of his official duties, he has the right of audience in all courts in the territory of India.
  • He has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but WITHOUT a right to vote (Article 88).
  • He enjoys all the privileges and immunities that are available to a Member of Parliament.

Limitations: He should not advise or hold a brief against the GoI. He should not defend accused persons in criminal prosecutions without the permission of the GoI. However, he is not a full-time counsel for the Government. He does not fall in the category of government servants and is not debarred from private legal practice.