Table of Contents
Introduction
The Attorney General of India (AGI) is the highest law officer in the country, serving as the chief legal advisor to the Government of India. Established under Article 76 of the Indian Constitution, the AGI plays a crucial role in shaping India’s legal landscape. Know about AGI of India.
This article explores:
- Who appoints the Attorney General of India?
- Constitutional provisions related to the AGI
- Powers, functions, and limitations of the AGI
- Key differences between the AGI, Solicitor General, and Additional Solicitor General
Who Appoints the Attorney General of India?
The President of India appoints the Attorney General of India based on the advice of the Union Cabinet.
Qualifications for AGI
To be eligible for appointment as AGI, a person must:
- Be a citizen of India
- Have 10 years of experience as an advocate in a High Court, OR
- Have served as a judge of a High Court for 5 years, OR
- Be a distinguished jurist (as deemed by the President)
Term & Removal
- The AGI does not have a fixed term and holds office during the pleasure of the President.
- The AGI can resign by submitting a resignation letter to the President.
- The AGI is traditionally expected to resign when the government (Council of Ministers) changes.
Constitutional Provisions for AGI
The Indian Constitution outlines the role of the AGI under:
| Article | Provision |
|---|---|
| Article 76 | Appointment and functions of the Attorney General of India |
| Article 88 | Rights of the AGI in Parliament and its Committees |
| Article 105 | Privileges & immunities of the AGI |
Powers & Functions of the Attorney General of India
The AGI performs the following key functions:
- Legal Advisor to the Government: Advises the President & Union Government on legal matters.
- Representation in Courts:
- Appears in the Supreme Court on behalf of the Government of India.
- Represents the government in High Courts when required.
- Parliamentary Functions:
- Has the right to speak (but not vote) in Parliament.
- Can participate in Parliamentary Committee discussions.
- Special References: Handles references made by the President under Article 143 (advisory jurisdiction of the Supreme Court).
Rights of the AGI
- Right of Audience: Can appear in any court in India.
- Parliamentary Privileges: Enjoys privileges similar to an MP (but cannot vote).
Limitations on the Attorney General of India
Despite being the top law officer, the AGI faces certain restrictions:
- Cannot take private cases against the Government of India.
- Cannot defend accused persons in criminal cases without government permission.
- Cannot advise private entities if it conflicts with government interests.
- Cannot hold a directorship in any company without government approval.
Note: The AGI is not a full-time government servant and can continue private legal practice.
AGI vs Solicitor General of India
| Aspect | Attorney General of India (AGI) | Solicitor General of India |
|---|---|---|
| Rank | Highest law officer | Second-highest law officer |
| Constitutional Status | Constitutional post (Article 76) | Statutory post (not in Constitution) |
| Role | Chief legal advisor to the government | Assists the AGI in legal matters |
| Appointment | By the President of India | By the Union Government |
Conclusion
The Attorney General of India (AGI) is a vital constitutional office that ensures the Government of India functions within the legal framework. Appointed by the President, the AGI advises on critical legal matters, represents the government in courts, and upholds the rule of law in India.
FAQs on Attorney General of India (AGI)
1. Who appoints the Attorney General of India?
The President of India appoints the AGI.
2. What is the term of the Attorney General of India?
The AGI has no fixed term and serves at the pleasure of the President.
3. Can the AGI take private cases?
Yes, but not against the Government of India without permission.
4. Who was the first Attorney General of India?
M.C. Setalvad was the first AGI (1950–1963).
5. Is the AGI a member of the Cabinet?
No, the AGI is not part of the Cabinet—there is a separate Law Minister for government legal affairs.
