Attorney General of India

The Attorney General is the highest law officer of the country who gives legal advice to the Government of India. The Attorney General is the chief advocate of the government in the Supreme Court of India. Under Article 76, the post of Attorney General of India has been arranged.

Appointment

The Attorney General of India is appointed by the President of India on the advice of the Council of Ministers under Article 76 (1) of the Constitution. Its office is not mentioned in the Constitution, it can be removed by the President at any time, so he remains in his office during the pleasure of the President. According to Article 76 of the Constitution, the salary, allowances, tenure and etc. of the Attorney General are determined by the President. 

Eligibility

The following qualifications are necessary for the Attorney General –

• Be a citizen of India.
• Possess the ability to become a Judge of the Supreme Court i.e., 5 years as a Judge in a High Court or an Advocate in a High Court for 10 years. Apart from this, according to the President, he should have knowledge of legal matters.

Work

The Attorney General is the highest law officer of the country who has the following duties:

• To advise the Government of India on legal matters and to perform responsibilities of the legal process as given by the President.
• To perform all such duties as are legally assigned by the President.
• To present on behalf of the Government of India in the Supreme Court in respect of matters relating to the Government of India.
• The right to be heard in the High Court or to send the Solicitor General under him for hearing in the court.

Rights

• The Attorney General has the right to be heard in any court in any territory of India.

• The Attorney General has the right to participate in any proceedings of the Parliament and to express his views but does not have the right to vote.

limits

• Can not give advice to any person against the Government of India in any matter.

• Cannot defend any person in criminal cases without the permission of the Government of India.

• The Attorney General cannot hold any office in a company without the permission of the Government of India.

• He cannot comment on matters in which he has to appear on behalf of the Government of India.
  

• The Attorney General is not a full time advocate of the government. He does not come under the category of a government employee, so he cannot be stopped from private legal proceedings.

Finance Commission Article 280

Article 76 in The Constitution Of India 1949

• The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India.

• 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, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

• In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India.

• The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine Conduct of Government Business.

List of attorneys general for India

The 15th and current Attorney General is K. K. Venugopal. He was reappointed by President Ram Nath Kovind in 2020. He began his service on 30 June 2017.