Attorney General (A-G)
- Attorney General is the Government of India’s first law officer, and has the right of audience in all courts of the country.
- Constitutional Provision related to A-G
- Article 76(1): The Attorney General is appointed by the President of India from amongst persons who are “qualified to be appointed a Judge of the Supreme Court”.
- Article 76(2): It shall be the duty of the Attorney General to give advice to the Government of India upon such 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.
- Article 76(4): Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
Attorney General Appointed by
- The Attorney General of India is appointed by the President of India on the advice of the Union Cabinet of ministers.
- The person appointed must be a citizen of India.
- Qualification: A person must be qualified to be a Supreme Court judge, i.e. they must either be a judge of a High Court for five years or an advocate in a High Court for 10 years or an eminent jurist in the President’s opinion.
- Holds office during President’s pleasure & can be removed by President at any time.
- No grounds for removal or procedure mentioned in Constitution.
Duties of the Attorney General of India
- Being the highest law officer of the country, it is the duty of the attorney general to advise the government on legal matters that are referred to him by the president.
- Attorney-General is duty-bound to undertake any responsibilities of duties of legal character that are assigned to him/her by the president.
- To perform any other functions conferred upon him/her by the constitution.
- To appear on behalf of the central government Supreme Court.
- To represent the central government in any reference made to the Supreme Court under article 143 by the president.
- To appear in any High Court for a case where the Government of India is concerned.
Special Rights Enjoyed by the Attorney General of India 2022
- Attorney General enjoys the right of audience in any court of the country when concerned with his duties.
- He/she enjoys all the immunities and special privileges available to an MP.
- He/she has the right to participate in the proceedings of both the houses without the right to vote and can be designated as a member.
- He/she is not a Government servant & not debarred from private legal practice .
Attorney General Limitations
- No Right to Vote in House proceedings / committees.
- Should not advise against or hold a brief against Government .