Attorney General of India

The Attorney General of India (the Ag of India) is the advisor to the Government of India in terms of the legal matters, as referred to her/him by the President. So, who appoints the Attorney General of India? Well! The Attorney General of India is appointed by the President of India on the advice of GoI, i.e.,  on the advice of the Union Cabinet under Article 76(1) of the Constitution, where they assume this position till the President’s discretion.

An AG performs various functions, h/she also holds various rights and privileges along with some limitations on GoI’s decision-making, which we will understand on this page. This attorney general of India article will help you understand the following points:

• The Attorney General of India power and functions

• The highest law officer of India

• Who appoints the Attorney General of India

• The power of the Attorney General of India, and

• The work of the Attorney General of India

Along with these key points, we will understand the recent highlights by the GOI.

About The Attorney General of India: Key Points

The AG of India is a part of the Union Executive and also the highest law officer of India. Article 76 of the Constitution provides the office to the Attorney General of India.

Appointment and Eligibility: Attorney General

• He/she must be an Indian citizen and qualified to be appointed a judge of the Supreme Court or a High Court for five years or an advocate of some high court for ten years or a prominent jurist, in the opinion of the President.

• S/he must be a person must be a citizen of India and have been a judge of some high court for Term of the Office: Not fixed by the Constitution.

Removal: Procedures for the removal of AG have not been stated in the Constitution yet. 

However, S/he assumes office during the pleasure of the President (meaning s/she can be removed by the President at any time).

AG Of India - Attorney General Of India Functions and Power 

The work of an Attorney General of India is as follows:

• The function of the Attorney General of India is to duties of a legal character that are allocated to her/him by the President who appears on behalf of the GoI in all cases in the Supreme Court or any High Court in which the GoI is concerned.

• He/she represents the GoI in any reference made by the President to the Supreme Court under Article 143 (Power of the President to consult the Apex Court) of the Constitution.

• H/she can discharge the functions provided to her/him by the Constitution or any other officer of India.

• Unlike the Attorney General of the US, the Attorney General for India doesn’t hold any executive authority because these functions are executed by the Law Minister of India. 

• The Attorney General can acknowledge briefs; however, h/she has no right to appeal against the Government. Also, an AG cannot safeguard an accused in the criminal proceedings or accept the directorship of a company without the consent of the Government.

• The AG is favoured by a Solicitor General and Additional Solicitors General, where AG is to be consulted only in legal matters of genuine importance and only after the Law Minister has been consulted. All references/cautions to the Attorney General are made by the Ministry of Law.

AG of India - Rights, and Limitations

Below are the rights and limitations of the Attorney General:

• An AG has the privilege to speak and to participate in the proceedings of both the Houses of Parliament (Lok Sabha and Rajya Sabha) or their joint sitting and any committee of the Parliament of which s/he may be conferred as a member, however, without a right to vote.

• S/he enjoys all the rights and immunities that are accessible to a member of Parliament.

• An AG of India does not fall in the category of government servants. Also, he/she is not debarred from private legal practice, but h/she cannot advise or hold a brief against the government.

• The attorney general holds the office till the President’s approval. The AG represents the government. However, during the tenure, he/she is elicited to take up a private practice, because as per the rules, the other party is not the state. If he/she does this, h/she is not paid a salary, but a retainer is determined by the President.

Below, you will find the list of 16 attorney generals appointed from the year 1950 till the present:

Attorney General of India: List of Appointments From the First Formation Till The Present

Recent Highlights By GOI

• The central government has extended the term of the current Attorney General K.K. Venugopal for one more year, where he was reappointed by the President of India, Ram Nath Kovind. He began his work as the AG on 30th June 2017.

• It is the second time the Centre has extended AG’s tenure. Venugopal acquired his first extension of term in 2020.

• Venugopal was appointed the 15th AG of India in 2017 India under the leadership of Prime Minister Narendra Modi. He succeeded 88-year old Mukul Rohatgi, who was an AG of India for three years, i.e., 2014-2017. After that, he stepped down after his first term.

• It was officially declared that Venugopal would be in command of the government’s legal defense in numerous sensitive cases piling in the Apex Court, which includes the challenge to the suspension of the Citizenship Amendment Act and Article 370 of the Constitution.

• Who was the first Attorney General of India? Well! The first Attorney General of India was M. C. Setalvad.