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The Attorney General of India is the Union Government's highest law officer, appointed under Article 76 of the Constitution. The office has had 16 appointments since 1950.
- Constitutional basis: The office is set up under Article 76 of the Constitution.
- Appointment: The attorney general of India appointed by the President acts on the advice of the Union Council of Ministers.
- Current officeholder: The current Attorney General of India is R. Venkataramani, the 16th AG, in office since 1 October 2022, with his term extended to 30 September 2027.
- Tenure: No fixed term; the Attorney General holds office during the pleasure of the President (Article 76(4)).
- Pay: A monthly retainer of Rs. 50,000 plus case-based fees, with private practice allowed except against the Government of India.
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Who are the Attorneys General of India since 1950?
The office of the Attorney General of India has had 16 appointments since 1950, held by 14 people. Soli Sorabjee and Milon K. Banerji each served twice. The table lists every Attorney General in order, from M.C. Setalvad to R. Venkataramani.
| No. | Attorney General | Tenure |
|---|---|---|
| 1st | M.C. Setalvad | 28 January 1950 to 1 March 1963 |
| 2nd | C.K. Daftari | 2 March 1963 to 30 October 1968 |
| 3rd | Niren De | 1 November 1968 to 31 March 1977 |
| 4th | S.V. Gupte | 1 April 1977 to 8 August 1979 |
| 5th | L.N. Sinha | 9 August 1979 to 8 August 1983 |
| 6th | K. Parasaran | 9 August 1983 to 8 December 1989 |
| 7th | Soli Sorabjee | 9 December 1989 to 2 December 1990 |
| 8th | J. Ramaswamy | 3 December 1990 to 23 November 1992 |
| 9th | Milon K. Banerji | 21 November 1992 to 8 July 1996 |
| 10th | Ashok Desai | 9 July 1996 to 6 April 1998 |
| 11th | Soli Sorabjee | 7 April 1998 to 4 June 2004 |
| 12th | Milon K. Banerji | 5 June 2004 to 7 June 2009 |
| 13th | Goolam Essaji Vahanvati | 8 June 2009 to 11 June 2014 |
| 14th | Mukul Rohatgi | 12 June 2014 to 30 June 2017 |
| 15th | K.K. Venugopal | 30 June 2017 to 30 September 2022 |
| 16th | R. Venkataramani | 1 October 2022 to present (term extended to 30 September 2027) |
Who is the current Attorney General of India?
If you are asking who is Attorney General of India today, the answer is R. Venkataramani. The current Attorney General of India took office on 1 October 2022, succeeding K.K. Venugopal.
| Point | Detail |
|---|---|
| Term | Extended by two years in September 2025, to 30 September 2027 |
| Role | Chief legal advisor to the Government of India |
| Court work | Represents the Union in important matters before the Supreme Court and other courts |
Why is the Attorney General of India important?
The Attorney General of India matters for three roles: legal advisor to the Union Government, its lawyer in the Supreme Court, and an aide to the Supreme Court on presidential references.
| Role | Constitutional basis | Example |
|---|---|---|
| Legal advisor | Article 76(2) | Advises on legal matters and the constitutional validity of proposed laws |
| Supreme Court representation | Article 76(2) | Represents the Union in cases, including those on fundamental rights |
| Presidential reference | Article 143 | Assists the Supreme Court when the President seeks its opinion on a legal question |
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Who appoints the Attorney General of India?
The Attorney General of India appointed by the President under Article 76(1) is chosen on the advice of the Union Council of Ministers. The person must be qualified to be appointed a Judge of the Supreme Court.
The Constitution sets no selection committee or confirmation vote. The Union Cabinet recommends a name, and the President makes the appointment by notification.
Who is eligible to become Attorney General of India?
To become Attorney General of India, a person must be an Indian citizen who qualifies through one of three routes. These are the same tests that apply to a Supreme Court Judge under Article 124(3).
| Criterion | Requirement |
|---|---|
| Citizenship | Indian citizen |
| Route 1: Judicial experience | At least 5 years as a High Court judge |
| Route 2: Advocacy experience | At least 10 years as a High Court advocate |
| Route 3: Jurist | A distinguished jurist in the opinion of the President |
The Constitution sets no upper age limit for the Attorney General, unlike the retirement age of 65 years for Supreme Court Judges.
What does Article 76 say about the Attorney General of India?
Article 76 sets up the office of the Attorney General for India in four clauses. Clause 1 covers appointment, clause 2 duties, clause 3 the right of audience and clause 4 tenure and pay.
| Clause | What it says |
|---|---|
| Clause 1 | The President appoints a person qualified to be a Judge of the Supreme Court |
| Clause 2 | The Attorney General advises the Government of India on legal matters the President refers, performs legal duties the President assigns and discharges functions under the Constitution or any law |
| Clause 3 | The Attorney General has the right of audience in all courts in the territory of India |
| Clause 4 | The Attorney General holds office during the pleasure of the President and receives the remuneration the President determines |
Article 76 began as draft Article 63, which the Constituent Assembly debated on 7 January 1949.
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What is the term of the Attorney General's office?
The Attorney General of India has no fixed term and holds office during the pleasure of the President. The Constitution sets no number of years and no upper age limit.
| Aspect | Detail |
|---|---|
| Fixed tenure | None in the Constitution |
| Removal | The President can remove the Attorney General at any time without giving reasons |
| Resignation | The Attorney General can resign by writing to the President |
| Convention | The Attorney General usually resigns when a new government takes office |
| Age limit | None |
Which constitutional provisions govern the Attorney General's term and removal?
Only Article 76(4) deals with the term of the Attorney General. It fixes no number of years or age limit, and the Constitution lays down no separate removal procedure.
| Provision | What it says on term and removal |
|---|---|
| Article 76(4) | The Attorney General holds office during the pleasure of the President |
| Article 76(4) | The Attorney General receives the remuneration the President determines |
| Article 76(1) | Qualification is checked at appointment only; it sets no term |
| Rest of the Constitution | No Article gives a fixed tenure, age limit or removal process |
What are the roles and responsibilities of the Attorney General of India?
The Attorney General of India has four roles: legal advisor, the Union's lawyer in court, a voice in Parliament and an aide to the Supreme Court on presidential references.
| Duty | Description | Basis |
|---|---|---|
| Legal advice | Advises the Union Government on legal questions, including constitutional issues and civil wrongs under tort law | Article 76(2) |
| Court representation | Represents the Union in the Supreme Court and other proceedings | Article 76(2) |
| Parliamentary role | Speaks in either House and its committees, without a vote | Article 88 |
| Constitutional assistance | Assists the Supreme Court on presidential references | Article 143 |
The Attorney General has no executive authority. The Solicitor General and Additional Solicitors General support the office.
What rights does the Attorney General of India have?
The Attorney General of India has four rights under Article 76, Article 88 and Article 105: audience in courts, a seat in Parliament's debates, no vote and parliamentary privileges.
| Right | Details |
|---|---|
| Right of audience | Can appear in all courts in India while performing official duties (Article 76(3)) |
| Parliament participation | Can take part in both Houses, joint sittings and committees (Article 88) |
| No voting right | Can speak but cannot vote (Article 88) |
| Privileges | Has the same parliamentary privileges and immunities as a Member while taking part (Article 105(4)) |
How does the Attorney General appear before Parliament?
The Attorney General does not apply for a seat or pass. Article 88 attaches the right to take part in Parliament to the office, and four points govern it.
- The right comes with the office: Once appointed under Article 76, the Attorney General can use the Article 88 right without any further nomination.
- Where the right applies: In either House, in joint sittings and in parliamentary committees the Attorney General is named a member of.
- No vote: The Attorney General is not a Member of Parliament and cannot vote.
- Courts are separate: The right to appear in court rests on Article 76(3), which gives audience in all courts in India.
What fees and allowances does the Attorney General of India receive?
The Attorney General of India receives a monthly retainer of Rs. 50,000 plus a fee for each case or day of work. The President fixes this remuneration under Article 76(4).
| Item of work | Fee |
|---|---|
| Suits, writ petitions, appeals and Article 143 references | Rs. 16,000 per case per day |
| Special leave petitions and miscellaneous applications | Rs. 5,000 per case per day |
| Settling pleadings, including affidavits | Rs. 5,000 per pleading |
| Settling a Statement of Case | Rs. 6,000 per case |
| Legal opinions on references from the Law Ministry | Rs. 10,000 per case |
| Written submissions before courts and tribunals | Rs. 10,000 per case |
| Appearance in courts outside Delhi | Rs. 40,000 per case per day |
The fee is professional income of the Attorney General, separate from the retainer. Check the current schedule notified by the Ministry of Law and Justice before quoting it.
Is the office of the Attorney General of India politically independent?
The Attorney General of India holds a constitutional office, yet serves at the pleasure of the President. That creates three points of tension between independence and the government's interests.
| Point of tension | Why it matters |
|---|---|
| Criminal contempt | Under Section 15 of the Contempt of Courts Act, 1971, criminal contempt proceedings before the Supreme Court need the consent of the Attorney General or Solicitor General when a private person moves them |
| Uncertain tenure | With no fixed term, the Attorney General usually leaves when the government changes |
| Private practice | Private briefs can conflict with public duties, which the limits below address |
What limits apply to the Attorney General of India?
The Attorney General of India works under five limits that prevent conflicts of interest.
| Limit | Reason |
|---|---|
| Cannot advise or appear for anyone against the Government of India | The office acts for the Union |
| Cannot advise or hold a brief in a case where the Government must be advised | Prevents conflicts of interest |
| Cannot defend an accused person in a criminal prosecution without government permission | Protects the Union's interest in prosecutions |
| Cannot accept a company directorship without government permission | Prevents corporate conflicts |
| Receives references from ministries only through the Ministry of Law and Justice | Keeps a single channel of accountability |
What are the key facts about the Attorney General of India?
The Attorney General of India is the Union's highest law officer under Article 76, with no fixed term and a right to speak in Parliament.
| Fact | Detail |
|---|---|
| Constitutional basis | Article 76 of the Constitution of India |
| Current officeholder | R. Venkataramani, 16th Attorney General, since 1 October 2022 |
| First officeholder | M.C. Setalvad, 1950 to 1963 |
| Rank | Highest law officer of the Union |
| Eligibility | Qualified to be a Supreme Court Judge |
| Tenure | During the pleasure of the President |
| Parliament | Can speak in both Houses and committees, without a vote |
| Private practice | Allowed, except against the Government of India |
How does the Attorney General differ from other law officers?
The Attorney General is the senior law officer of the Union. The Solicitor General assists the office at the Union level, and the Advocate General is the law officer of a state.
| Aspect | Solicitor General of India | Advocate General of a State |
|---|---|---|
| Legal basis | Statutory post under the Law Officers (Conditions of Service) Rules, 1987 | Article 165 of the Constitution |
| Rank against the AG | Second-highest law officer, assists the Attorney General | Highest law officer of the state |
| Appointed by | Appointments Committee of the Cabinet | Governor of the state |
| Parliament or legislature | No right to take part in Parliament | Can speak in the state legislature, without a vote (Article 177) |
| Tenure | Fixed by the terms of appointment | During the pleasure of the Governor |
By comparison, the Attorney General of India is appointed by the President under Article 76, advises the Union and has the Article 88 right to take part in Parliament.
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Frequently asked questions
Overview
Who is the current Attorney General of India?
R. Venkataramani is the current Attorney General of India and the 16th person to hold the office. He took office on 1 October 2022, and the Centre extended his term by two years, to 30 September 2027. He is the chief legal advisor to the Government of India and represents the Union in important cases before the Supreme Court.
What is the full form of AG in Indian law?
AG stands for Attorney General. The full title is Attorney General for India, the office created by Article 76 of the Constitution. The AG is the highest law officer of the Union, advising the Government of India on legal matters and appearing for it in court. The office has existed since 28 January 1950.
What is article 76 of the Constitution?
Article 76 creates the office of the Attorney General for India. It covers appointment by the President, the duty to advise the Government of India on legal matters, the right of audience in all courts, and tenure and pay at the pleasure of the President. It has four clauses and began as draft Article 63.
What are the qualifications required to become Attorney General of India?
The person must be an Indian citizen and qualified to be a Supreme Court Judge. That means five years as a High Court judge, ten years as a High Court advocate, or being a distinguished jurist in the opinion of the President. There is no upper age limit, and the President appoints the person on the advice of the Union Cabinet.
What is the tenure of the Attorney General of India?
The Constitution fixes no tenure. Under Article 76(4) the Attorney General holds office during the pleasure of the President, so the President can end the term at any time. There is also no upper age limit for the office. By convention, the Attorney General resigns when a new government takes office.
Is the Attorney General of India a government employee?
No. The Attorney General holds a constitutional office under Article 76, not a post in the civil service, so service rules for government employees do not apply. The Attorney General may continue private legal practice, subject to restrictions such as not acting against the Government of India and not taking a company directorship without permission.
Can the Attorney General of India practise privately?
The Attorney General can practise privately but cannot advise or represent anyone against the Government of India. Private work must not conflict with official duties. Further restrictions cover criminal defence, which needs government permission, and company directorships, which also need permission. These limits keep the office's loyalty with the Union.
Can the same person be appointed Attorney General of India twice?
Yes. Article 76 does not bar a second appointment. Soli Sorabjee served from 1989 to 1990 and again from 1998 to 2004. Milon K. Banerji served from 1992 to 1996 and again from 2004 to 2009. That is why the office has had 16 appointments but only 14 officeholders since 1950.
Who was the longest serving Attorney General of India?
M.C. Setalvad, the first Attorney General, held the office from 28 January 1950 to 1 March 1963, a little over 13 years. No later Attorney General has served as long. The office has no fixed term, so the length of service depends on the President and on changes of government.
Which draft article of the Constituent Assembly became Article 76?
Draft Article 63 became Article 76 when the Constitution was renumbered. The Constituent Assembly debated the draft article on 7 January 1949. It created the post of Attorney General for India, with the President appointing a person qualified to be a Supreme Court Judge. The Constitution came into force on 26 January 1950.
Does the Attorney General of India participate in Parliament?
Yes, in a limited way. Under Article 88 the Attorney General can speak in and take part in the proceedings of both Houses, their joint sittings and committees. The Attorney General is not a Member of Parliament and cannot vote. Article 105(4) extends parliamentary privileges to the Attorney General while taking part.
Who decides the salary of the Attorney General of India?
The President does. Article 76(4) says the Attorney General receives the remuneration the President may determine. The Constitution fixes no amount, so the pay is set by the President and not by a pay commission. The current structure is a monthly retainer of Rs. 50,000 plus a fee for each case.
What happens if the Attorney General resigns before the end of the government's term?
The office falls vacant and the President appoints a new person under Article 76(1), who must be qualified to be a Supreme Court Judge. Article 76 sets no notice period or resignation procedure. The resignation goes to the President, who accepts it and appoints a successor on the advice of the Union Cabinet.
Is the Attorney General's role similar to the Solicitor General's in practice?
They overlap, and the Attorney General is senior. The Attorney General holds the constitutional office under Article 76, advises the Government of India and has the right of audience in all courts. The Solicitor General and Additional Solicitors General assist the Attorney General in the Union's legal work and appear in major cases.
What is the difference between Attorney General and Advocate General?
The Attorney General advises the Union Government and is appointed by the President under Article 76. The Advocate General advises a state government and is appointed by the Governor under Article 165. The Attorney General appears mainly for the Union, and the Advocate General appears for the state in its High Court.
What is the difference between the Attorney General and the Law Minister?
The Attorney General is the chief legal advisor and law officer of the Union, appointed under Article 76 and holding office at the pleasure of the President. The Law Minister is a political executive and a Member of Parliament who runs the law ministry and works on law making and policy. Only the Law Minister can vote in Parliament.
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