Introduction

• Article 76 of the Indian Constitution provides for the office of Attorney General (AG).
• He/She is the highest law officer in the country.
• Appointment of AG
  • Appointed by President.
  • He/She must be a person who is qualified to be appointed as judge of Supreme Court (SC).
• In other words:
  • He/She must be citizen of India.
  • Must be a judge of a High Court (HC) for 5 years or advocate of HC for 10 years or an eminent jurist in the opinion of the President.
  • Receives such remuneration as the President may determine.
• Term of Office of AG
  • Term of office and procedure and grounds for his removal are not fixed by the Constitution.
  • Holds office during the pleasure of President and can be removed by President any time.
  • He/She may quit the office by submitting the resignation to the President.
  • Conventionally, he/she resigns when the government resigns or is replaced, as he/she is appointed on its advice.
• Duties and Functions of AG
  • Advice the Government of India (GoI) on legal matters referred by the President.
  • Perform duties of legal character that are assigned by the President.
  • Discharge functions conferred on by the Constitution or any other law.
  • Duties assigned by the President to the AG:
  • To appear on behalf of GoI in all cases in SC in which GoI is concerned.
  • To represent GoI in any reference made by President to SC under Article 143 of Indian Constitution.
  • To appear whenever required by the GoI in any HC, in any case in which the GoI is concerned. Rights of AG
  • Right of audience in all courts in the territory of India.
  • Right to speak and take part in the proceedings of the following without theright to vote: Lok Sabha, Rajya Sabha, Joint sittings of both Houses of the Parliament, any committee of the Parliament of which he may be named a member, enjoys privileges and immunities that are available to a member of Parliament, not is not debarred from private legal practice.
• Limitations on AG
  • To not to advise or hold a brief against the Government of India.
  • To not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.
  • To not defend accused persons in criminal prosecutions without the permission of GoI.
  • To not accept appointment as a director in any company or corporation without permission of GoI. To not advise any Ministry or Department of GoI or any Statutory Organization or any Public Sector Undertakings unless a reference in this regard received from Ministry of Law and Justice, Department of Legal Affairs.
  • AG is not a member of the Central cabinet.
  • There is a separate law minister in the Central cabinet to look legal matters at government level.

Solicitor General of India

• Including AG, there are other law officers such as Solicitor General and Additional Solicitor General of India.
• They assist AG in the fulfilment of his official responsibilities.