Attorney General of India: List, Appointment, Roles and Limitations

Attorney General of India: Article 76 of the Indian constitution mentions that the Attorney General of India is the highest law officer of India. The Attorney General of India is the chief legal advisor to the government of India and advises the Union Government on all legal matters. The Attorney General of India is the highest law officer in the country. The Attorney General of India is also the primary lawyer who represents the Union Government in the Supreme Court of India. The Attorney General is not supposed to be a political appointee, in spirit, but this is not the case in practice. The Attorney General of India is responsible for assisting the government in all its legal matters. Like an Advocate General of a State.

The constitution of India does not provide any fixed tenure to the Attorney General of India. So, AGI holds office during the pleasure of the president. The Attorney General of India can be removed by the president at any time. There is no procedure or ground mentioned in the constitution for the removal. It is an important section of Indian Polity which is a significant subject in many govt. recruitment exams. In this article, we are providing all the details about the Attorney General of India.

Overview

List of All Presidents of India from 1947 to 2024

Appointment of the Attorney General of India?

The President of India appoints the Attorney General on the advice of the government. The following are the qualifications required to be appointed as the attorney general of India:

1. He/She should be a citizen of India.
2. He/She must have either completed 5 years in the High Court of any Indian state as a judge or 10 years in the High Court as an advocate
3. He/She may be an eminent jurist too, in the eyes of the President

List of All Attorney General of India

Role of Attorney General of India

1. For all the legal matters that are referred to AG by the President, AG advises the Union government upon the same.
2. The President of India keeps on referring the Attorney General to legal matters that suit his/her interest and the Attorney General must advise on those too
3. It is the duty of the Attorney General to give advice to the Government of India upon legal matters and to perform such other duties of a legal character, as may, from time to time be referred or assigned to him by the President.
4. Apart from what the President refers to, AG also performs the duties that are mentioned in the Constitution.

The three duties that are assigned to the Attorney General by the President are:

• • In any legal case where the government is related, the Attorney General must appear in the Supreme Court on its behalf.
  • AG has to represent the Union Government in any reference made by the president to the Supreme Court under Article 143 of the Constitution.
  • AG must also appear in the High Court if any case is related to the Government of India.

Limitations of the Attorney General of India

To avoid conflicts of duty, there are a few limitations that are posted on the Attorney General:

1. Attorney General should not advise or hold a brief against the Government of India
2. Attorney General should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India
3. Attorney General should not defend accused persons in criminal prosecutions without permission from the Government of India
4. Attorney General should not accept appointment as a director in any company or corporation without permission from the Government of India

Rights of Attorney General of India

• The Attorney General of India has the right of audience in all courts in the territory of India.
• The Attorney General of India has the right to take part in the proceedings of both the Houses of Parliament and their joint sittings but doesn’t have the right to vote.
• Attorney General of India has the right to speak or to take part in the meeting of any committee of the Parliament of which he is named as a member.
• He enjoys all the privileges and immunities that are available to a member of parliament.