Article 76: Attorney General of India

Article 76 provides for the office of Attorney General of India who is the chief law advisor of the Government of India. The Attorney General of India represents Government in the court of law and Attorney General of India has the right to of audience in all the courts of India.

Here we will discuss about the position of Attorney General of India, his appointment, Qualification for the post of Attorney General of India, term of office, removal from the posts of Attorney General of India, duties as a chief law officer and limitations on his post.

  

Attorney General of India (Article 76)

i) Appointment of Attorney General of India:

The Attorney General of India is appointed by the President of India under Article 76(1) of the Constitution and he holds office during the pleasure of the President. He is part of Union Executive.

ii) Term of Office of Attorney General of India:

1) The term of office of Attorney General of India is not fixed by the Constitution.

2) The procedure and grounds for the removal of Attorney General of India is not defined in the constitution.

3) Attorney General of India holds office during the pleasure of the President which means that he may be removed by the president at any time.

4) Attorney General of India can also quit his office by submitting his resignation to the President. 

Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.

iii) Qualifications for the office of Attorney General of India:

The qualifications for the office of Attorney General of India are same of that of a judge of a Supreme Court i.e.,

1) He must be a citizen of India.

2) He must be a person who is qualified to be appointed a judge of the Supreme Court.

(OR)

3) He must have been a judge of some high court for 5 years or an advocate of some high court for 10 years or an eminent jurist, in the opinion of the president.

iv) Remunerations of Attorney General of India: 

The remunerations of Attorney General of India are determined by the President and not fixed by the constitution.

v) What are the duties of Attorney General of India?

• As a chief law officer:

1) Attorney General of India provides advice to the Government of India upon such legal matters, which are referred to him by the President.

2) Attorney General of India performs such other duties of a legal character that are assigned to him by the President.

3) Attorney General of India discharges the functions conferred on him by the Constitution or any other law.

• Following duties are assigned to Attorney General of India by the President:

1) Appears on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.

2) Represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

3) Appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned.

vi) Limitations on Attorney General of India:

To avoid any complication and conflict of duty, following limitations are placed on Attorney General:

1) Should not advise or hold a brief against the Government of India.

2)  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) Should not defend accused persons in criminal prosecutions without the permission of the Government of India.

4) Should not accept appointment as a director in any company or corporation without the permission of the Government of India.

General points regarding office of Attorney General of India:

1) Attorney General of India is the Indian government’s chief legal advisor, and its primary lawyer in the Supreme Court of India.

2) Attorney General of India 1st (or highest) law officer of the government of India.

3) Attorney General of India has right of audience in all courts within the territory of India. 

4) He has also the right to speak and take part in proceedings of both the houses of parliament including joint sittings and any committee of the Parliament of which he may be

named a member, but cannot vote in parliament.

5) He enjoys all the privileges and immunities that are available to a member of Parliament.

6) Allowed to take up private legal practice.

7) He is not a full-time counsel for the Government and does not fall in the category of government servants.

8) Not a member of Central cabinet. There is a separate law minister in the Central cabinet to look after legal matters at the government level.

Solicitor general and Additional solicitor general of India

1) They assist the Attorney General of India in the fulfillment of his official responsibilities.

2) These posts are not mentioned in the Constitution.

Continue to read about:

• Advocate General of State [Part-VI : Article-165]
• Differences between Attorney General of India and Advocate General of State

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