Attorney General of India (Article 76): Role, Appointment, Powers & Limitations

The Attorney General of India is the highest legal authority in the country and serves as the chief legal advisor to the Government of India. Appointed under Article 76 of the Indian Constitution, the Attorney General represents the Union Government in legal proceedings and provides expert legal counsel to support the government’s legislative and constitutional responsibilities.

This constitutional office has been held by some of the most distinguished legal professionals in India. The current and 16th Attorney General of India, R. Venkataramani, assumed office on 1st October 2022 and continues to serve in this role.

Given below is a comprehensive list of individuals who have held the position of Attorney General of India:

M.C. Setalvad, India’s first Attorney General, served the longest term of 13 years. Soli Sorabjee, who served two non-consecutive terms, had the shortest individual term but remains one of the few to be appointed twice to this prestigious role.

Who is the Attorney General of India?

Article 76 of the Constitution designates the Attorney General as the highest law officer of India. Serving as the chief legal advisor to the Government of India, the Attorney General provides counsel on all legal matters and represents the Union Government in the Supreme Court. Although, in principle, the Attorney General, similar to a State's Advocate General, is not meant to be a political appointee, this ideal is often not observed in practice.

Who appoints the Attorney General of India?

The Attorney General of India is appointed by the President of India under Article 76 of the Constitution. The appointment is made on the advice of the Government of India, usually based on the recommendation of the Prime Minister and the Union Council of Ministers.

The person selected must be legally qualified to be appointed as a judge of the Supreme Court of India. The eligibility criteria for the appointment include:

• The person should be an Indian citizen
• The individual must have either completed five years in a High Court of any Indian state as a judge, or
• Must have practised as an advocate in a High Court for at least ten years
• The person may also be considered an eminent jurist in the opinion of the President

The selection is based on the candidate’s legal expertise, experience, and ability to advise the Union Government on complex constitutional and legal matters.

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What is the term of the Attorney General’s office?

The Constitution does not define a fixed term for the Attorney General’s office. Instead, the tenure is governed by certain conventions and the discretion of the President.

• The Attorney General holds office during the pleasure of the President.
• There is no fixed tenure or upper age limit.
• The President may remove the Attorney General at any time or accept resignation.
• The term generally ends when a new government takes office or if the incumbent is replaced.

Role and responsibilities of the Attorney General of India

The Attorney General’s functions are both advisory and representative, involving duties in courts as well as legal counsel to the Union.

• Represent the Government of India in Supreme Court and High Courts.
• Provide legal advice to the President or government on complex legal matters.
• Appear in reference cases referred by the President under Article 143.
• Perform any legal duties assigned by the President.
• Assist the government in drafting legislation and reviewing legal frameworks.

Take part in parliamentary discussions where legal expertise is required.

Article 76 of the Constitution of India, 1950 (COI)

Article 76 of the Indian Constitution outlines the legal provisions concerning the appointment, duties, powers, and tenure of the Attorney General of India. It defines the authority of the President in appointing the Attorney General and specifies the responsibilities and privileges associated with this constitutional position

Key provisions under Article 76 include:

• The President appoints a person qualified to be a judge of the Supreme Court as the Attorney General of India.
• The Attorney General is required to provide legal advice to the Government of India on matters referred by the President.
• The Attorney General must also perform other legal functions assigned under the Constitution or any law currently in force.
• The Attorney General has the right of audience in all courts throughout India while discharging official duties.
• The Attorney General holds office during the pleasure of the President.
• The remuneration and service terms are determined by the President.

Eligibility criteria to become Attorney General of India

To be appointed as Attorney General, a person must possess the following qualifications:

• The person must be an Indian citizen
• The person must have served as a judge in a High Court for at least five years, or
• The person must have practised as an advocate in a High Court for at least ten years, or
• The person may be considered a distinguished jurist in the opinion of the President
• The person must be eligible for appointment as a judge of the Supreme Court of India

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Rights of the Attorney General of India

The Attorney General of India is granted several rights to enable the effective performance of duties as the chief legal advisor to the Government of India. These rights are provided under constitutional provisions and parliamentary norms.

• The Attorney General has the right of audience in all courts across the territory of India while performing official duties
• The Attorney General has the right to speak and take part in the proceedings of both Houses of Parliament, joint sittings, and parliamentary committees where he is nominated as a member
• The Attorney General does not have the right to vote in Parliament or its committees
• The Attorney General enjoys all the privileges and immunities available to members of Parliament

Limitations on the Attorney General of India

To prevent any conflict of interest and uphold the integrity of the office, certain limitations are imposed on the Attorney General.

• The Attorney General must not advise or represent any party against the Government of India
• The Attorney General must not participate in cases where he is required to advise or appear on behalf of the Government of India and simultaneously represent another party
• The Attorney General must not defend any accused persons in criminal cases without prior approval from the Government of India
• The Attorney General must not accept any appointment as a director in a company or corporation without government approval
• The Attorney General must not offer legal advice to any ministry, department, statutory body, or public sector enterprise unless the reference is made through the Ministry of Law and Justice, Department of Legal Affairs

Difference between Attorney General and Solicitor General

Conclusion

The Attorney General of India plays a crucial role in guiding the legal framework of the Union Government and ensuring sound governance through legal counsel. As the highest legal authority, this role carries responsibilities, rights, and limitations shaped by the Constitution.

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