1. Introduction to the Attorney General of India

  • Definition: The Attorney General (AG) is the highest law officer in India, designated to provide legal advice and representation to the Government of India.
  • Constitutional Basis: Article 76 of the Indian Constitution establishes the office of the Attorney General.

2. Appointment and Term

  • Appointment Process:
    • Appointed by the President of India.
    • Qualification: Must be eligible to be appointed as a Supreme Court judge, which includes:
      • Indian citizenship.
      • Minimum five years as a judge in a High Court or ten years as an advocate in a High Court.
      • Alternatively, a distinguished jurist as recognized by the President.
  • Term and Removal:
    • No fixed term; serves at the President’s pleasure.
    • May resign by submitting a resignation to the President.
    • Typically resigns when the government that appointed him/her steps down.

3. Duties and Functions

  • Legal Advice: Provides advice to the Government of India on legal matters as requested by the President.
  • Legal Representation:
    • Represents the government in cases before the Supreme Court.
    • May appear in High Courts on the government’s behalf when needed.
  • Other Duties:
    • Assigned specific tasks by the President and fulfills duties outlined by the Constitution or other laws.

4. Rights and Limitations

  • Rights:
    • Right of audience in all Indian courts.
    • May participate in parliamentary proceedings, including joint sessions and committee meetings, but without voting rights.
  • Privileges: Holds the same privileges as a Member of Parliament, such as immunity from certain legal actions related to parliamentary activities.
  • Limitations:
    • Cannot act against the Government of India in any legal capacity.
    • Cannot represent defendants in criminal cases without government permission.
    • Cannot serve as a director in any company without prior government approval.
    • Private practice is allowed, as the AG is not considered a full-time government servant.

5. Role of the Solicitor General of India

  • Assistance to the AG:
    • The Solicitor General and Additional Solicitors General aid the Attorney General in his/her responsibilities.
  • Non-Constitutional Status: Unlike the AG, the Solicitor General is not mentioned in the Constitution; the position is created through executive action.