Attorney General of India: Appointment, Tenure ,and Key Responsibilities

ATTORNEY GENERAL OF INDIA

Introduction

The Attorney General for India (AGI) is the chief legal advisor to the Government of India and the primary advocate of the Union before the Supreme Court. Established under Article 76 of the Constitution of India, the AGI holds a unique position, combining elements of public office and legal practice, akin to the British Attorney General but with distinctive Indian features.

Appointment and Term

The Attorney General (AG) is appointed by the President of India. The individual so appointed must possess qualifications required for appointment as a judge of the Supreme Court of India. In other words, the person must be a citizen of India and must have either served as a judge of a High Court for at least five years, or practiced as an advocate in a High Court for at least ten years, or be, in the President’s opinion, a distinguished jurist.

The Constitution does not prescribe a fixed tenure for the office of the Attorney General. Moreover, the Constitution remains silent on the procedure and grounds for the removal of the Attorney General. The office is held at the pleasure of the President, which implies that the President may remove the incumbent at any time. The Attorney General may also voluntarily resign by submitting a resignation to the President.

By established convention, the Attorney General typically resigns when the Council of Ministers resigns or is replaced, as the appointment is made on the advice of the government.
The Constitution does not stipulate a fixed remuneration for the Attorney General. The emoluments are determined by the President.

Duties and Functions

As the principal legal advisor to the Government of India, the Attorney General performs the following key functions:
1. Advises the Government of India on legal matters referred to him/her by the President.
2. Carries out such other legal functions as are assigned to him/her by the President.
3. Discharges functions conferred upon him/her by the Constitution or by any prevailing law.

The President has specifically assigned the following duties to the Attorney General:
1. To appear and represent the Government of India in all matters before the Supreme Court where the Government is a party.
2. To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
3. To appear, when required by the Government of India, before any High Court in cases where the Government is a party.

Rights and Restrictions

In the discharge of his/her official functions, the Attorney General enjoys the right of audience before all courts within the territory of India. Additionally, by virtue of Article 88, the Attorney General is entitled to participate in the proceedings of both Houses of Parliament, their joint sittings, and any parliamentary committee of which he/she may be nominated as a member—though this does not include the right to vote. The Attorney General also enjoys all privileges and immunities accorded to Members of Parliament [Article 105(4)].

To prevent conflicts of interest and safeguard the integrity of the office, the following restrictions are imposed upon the Attorney General:
1. He/she must not advise or appear against the Government of India.
2. He/she must not advise or appear in matters where he/she is required to act on behalf of the Government of India.
3. He/she must not undertake the defence of accused individuals in criminal prosecutions without obtaining prior permission from the Government of India.
4. He/she must not accept appointment as a director in any company or corporation without prior government approval.
5. He/she must not provide legal advice to any ministry, department, statutory body, or public sector enterprise except through a proper reference channelled via the Ministry of Law and Justice, Department of Legal Affairs.

It is important to note that the Attorney General is not a full-time legal officer of the Government of India and is not classified as a government servant. Furthermore, the
Attorney General is permitted to engage in private legal practice.

In simple words, the AGI is a constitutional authority with a dual role:
 Advisory Role:
o Provides legal advice to the Government of India on complex constitutional and legal issues.
o Represents the Union in important cases, including Presidential references under Article 143.
 Advocacy Role:
o Appears in the Supreme Court of India and High Courts on behalf of the Union Government.
o Exercises the right of audience in all Indian courts.
 Parliamentary Role:
o Can participate in Parliamentary debates and committee discussions (without voting).

Conclusion

The Attorney General of India holds a vital constitutional position as the chief legal advisor to the Government of India. Appointed under Article 76 of the Constitution, the Attorney General plays a crucial role in upholding the rule of law, representing the Union in the Supreme Court, and guiding the government on complex legal matters. Although not a government servant, the Attorney General acts as a bridge between the executive and judiciary, ensuring that governance operates within the bounds of legality and constitutionality. As the nation continues to face evolving legal challenges, the role of the Attorney General remains central to maintaining transparency, accountability, and justice in the Indian legal system.