Attorney General for India
Article 76 of the Indian Constitution establishes the office of the Attorney General for India, the highest law officer in the country. This pivotal role ensures expert legal guidance at the national level, underscoring the framers' commitment to robust governmental counsel.
Attorney General of India: Appointment and Tenure
The Attorney General (AG) of India holds the position of the government's chief legal advisor and is appointed directly by the President. To qualify, the appointee must meet the same rigorous criteria as a judge of the Supreme Court: they must be a citizen of India and either have served as a judge of a High Court for at least five years, practiced as an advocate in a High Court for ten years, or be deemed an eminent jurist by the President.
Unlike constitutional officeholders with fixed tenures, the AG serves at the President's pleasure, with no prescribed term, removal procedure, or grounds specified in the Constitution. This allows the President to remove the AG at any time, though the AG may also resign by submitting a letter to the President. By convention, the AG steps down when the Council of Ministers resigns or changes, reflecting the fact that the appointment is made on the government's advice.
The Constitution similarly leaves the AG's remuneration flexible, to be determined by the President as appropriate.
Attorney General: Constitutional Duties
As the chief legal advisor to the Government of India, the Attorney General (AG) holds a pivotal role enshrined in Article 76 of the Constitution. His core duties encompass providing expert counsel on any legal matters referred to him by the President, undertaking additional legal responsibilities as directed by the President, and fulfilling all functions explicitly assigned under the Constitution or other laws.
Beyond these constitutional mandates, the President has delegated specific representational duties to the AG. He appears on behalf of the Government of India in all Supreme Court cases involving the Union's interests. He also represents the government in any advisory reference made by the President to the Supreme Court under Article 143. Furthermore, when called upon by the government, the AG extends his advocacy to High Courts in matters concerning the Union, ensuring robust legal defense across India's judicial hierarchy.
Attorney General: Privileges and Restrictions
The Attorney General of India wields significant privileges in discharging official duties, underscoring his pivotal role as the government's chief legal advisor. He enjoys the right of audience in all courts across the country, enabling him to appear and argue cases freely. In Parliament, he may speak and participate in proceedings of either House, joint sittings, or any committee to which he is appointed—though without the power to vote. Like Members of Parliament, he is entitled to all associated privileges and immunities.
To prevent conflicts of interest and ensure undivided loyalty to the Union Government, the Constitution and conventions impose clear limitations on the Attorney General's private practice:
He cannot advise or represent any party in opposition to the Government of India. Nor may he provide counsel or appear in matters where he has already been called upon to advise or represent the government. In criminal prosecutions, defending an accused requires prior permission from the government. Similarly, accepting a directorship in any company or corporation demands governmental approval. Finally, he must channel all advisory requests from ministries, departments, statutory bodies, or public sector undertakings through the Ministry of Law and Justice's Department of Legal Affairs.
These restrictions notwithstanding, the Attorney General is not a full-time government counsel or classified as a government servant. He remains free to engage in private legal practice, balancing public service with professional independence.
Solicitor General of India
Beyond the Attorney General (AG), the Government of India appoints other key law officers: the Solicitor General of India and the Additional Solicitor General of India. These officers support the AG in performing their official duties, such as representing the government in legal proceedings and offering expert advice on constitutional matters.
Importantly, the Constitution establishes only the office of the AG under Article 76; it makes no provision for the Solicitor General or Additional Solicitor General. These positions are created through executive orders, underscoring their statutory rather than constitutional foundation.
The AG does not hold membership in the Union Cabinet. Instead, a dedicated Minister of Law and Justice oversees legal affairs at the governmental level, ensuring a clear separation between the executive's political leadership and its legal representation.