Constitutional Basis

•       Article 76 → Provides for the Attorney General of India
•       Highest Law Officer of India
•       Chief Legal Advisor to the Union Government

Appointment, Qualification, Term & Removal

Appointment

•       Appointed by the President of India
•       Must be qualified to be a Judge of the Supreme Court

o   Citizen of India

o   5 years as High Court Judge OR

o   10 years as High Court Advocate OR

o   Distinguished jurist

Term & Removal

• • Holds office during pleasure of the President
  • No fixed tenure
  • The Constitution does not specify the removal procedure
  • Remuneration determined by the President

Duties & Functions

As Chief Law Officer:

1.     Advises the Government of India on legal matters
2.     Performs legal duties assigned by the President
3.     Appears for the Union Government in:

o   Supreme Court cases

o   References under Article 143

o   High Courts (when required)

4.     Discharges functions under the Constitution or other laws

Rights of the Attorney General

Under Article 76 & Article 88:

✔ Right of audience in all courts in India
✔ Right to speak & participate in:

•       Lok Sabha
•       Rajya Sabha
•       Joint sitting
•       Parliamentary Committees
•       No right to vote
•       Enjoys privileges & immunities of MP (Article 105)

Limitations

1.     Cannot advise against the Government of India
2.     Cannot appear against the Government
3.     Cannot defend the accused in a criminal case without govt permission
4.     Cannot accept company directorship without permission
5.     Must route advice to ministries through the Law Ministry

Comparison: AG vs SG vs Advocate General

Advocate General

•       Article 165
•       Highest law officer in the State
•       Must be qualified to be a High Court Judge
•       Appointed by the Governor
•       Holds office during pleasure of the Governor