Who is the Attorney General of India?
October 1, 2022, succeeding K. K. Venugopal. His term has been extended by the President of India for an additional two years from October 1, 2025, allowing him to continue in office until at least September 30, 2027.
As the Attorney General, he acts as the Government of India’s chief legal advisor and represents the Union government before the Supreme Court.
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 primary duty of the Attorney General of India is to offer authoritative legal advice to the Government on matters formally referred for opinion. In addition, the Attorney General performs any other legal tasks assigned by the President. Under Articles 76 and 88 of the Constitution, the Attorney General enjoys the right of audience in all courts throughout the country. They may also attend and speak in the proceedings of both Houses of Parliament and in parliamentary committees of which they are a member—though this participation does not include voting rights. The Attorney General represents the Union Government in the Supreme Court in all cases, appeals, and proceedings involving the Government of India, including matters placed before the Court by the President under Article 143 for advisory opinion.
Unlike some counterparts in other countries, the Attorney General of India holds no executive authority; such powers rest with the Union Law Minister. The AG is not considered a government employee, which allows them to maintain private legal practice.
While they may accept briefs from private individuals, the Attorney General is prohibited from taking up any case that involves arguing against the Government of India. They also cannot represent an accused person in a criminal trial or hold a directorial position in a private company without explicit permission from the Government.
The Solicitor General and Additional Solicitors General serve as key deputies assisting the Attorney General. As per established procedure, the Attorney General is consulted only on matters of major national importance and only after the Ministry of Law has been approached. All official requests are routed through the Ministry of Law.
Attorney General Provisions under Article 76
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
Attorney General of India Fee and Allowances Payable
The remuneration for the country’s senior law officers—including the Attorney General of India (AGI), the Solicitor General of India (SGI), and the Additional Solicitors General (ASGI)—is periodically fixed by the Government of India. The fee schedule applicable to the Attorney General is as follows:
S.No.
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Item of Work
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Fee Payable (Per Day/Per Case)
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(1)
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Suits, writ petitions, appeals, and Article 143 references
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₹16,000/- per case/day
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(2)
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Special leave petitions and miscellaneous applications
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₹5,000/- per case/day
|
(3)
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Settling legal pleadings (including affidavits)
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₹5,000/- per pleading
|
(4)
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Settling the Statement of Case
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₹6,000/- per case
|
(5)
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Providing legal opinions on cases from the Law Ministry
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₹10,000/- per case
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(6)
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Written submissions before the Supreme Court, High Courts, Tribunals, etc.
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₹10,000/- per case
|
(7)
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Appearance in courts outside the National Capital Territory (Delhi)
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₹40,000/- per day per case
|
In addition to these case-based fees, senior law officers receive a fixed monthly retainer: ₹50,000 for the Attorney General, ₹40,000 for the Solicitor General, and ₹30,000 for each Additional Solicitor General. The Attorney General is also provided a sumptuary allowance of ₹4,000 per month, except during periods of leave.
Constitutional Authority and Public Accountability of Attorney General
A well-established convention requires the Attorney General to resign when a new government assumes office at the Centre. Since the AG serves as the chief legal representative of the Union Government, this practice aligns with the understanding that the appointment is closely tied to the serving Council of Ministers. However, despite this political linkage, the Attorney General functions under a constitutional framework, and their legal opinions are subject to public and judicial scrutiny. At times, concerns have been raised that political considerations may have influenced the impartiality expected from this office.
For instance, during the Emergency period, certain opinions delivered by the Attorney General were seen as echoing the executive’s stance rather than offering an independent constitutional interpretation—such as a widely debated remark by a former AG on the suspension of fundamental rights.
In other instances, the Supreme Court has taken positions that diverged sharply from the Attorney General’s advice in major corruption or public interest cases, directing investigating agencies to rely on evidence rather than solely on the AG’s legal assessment. Matters involving state-level political disputes and high-profile national controversies have occasionally prompted criticism that the AG’s actions seemed to prioritise the government’s position over the larger constitutional obligation to uphold the rule of law, leading to perceptions that the dignity of the office had been undermined.
Although the Office of the Attorney General is designed to function as a constitutional authority, its close association with the ruling government inevitably exposes it to the dynamics of political change in India.
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
Removal and resignation of the Attorney General of India
- President’s discretion: The Attorney General holds office at the “pleasure of the President,” with no fixed tenure or age limit. The President may remove the Attorney General at any time, and the incumbent may also resign voluntarily.
- Conventional resignation: By tradition, the Attorney General usually steps down when a new government assumes office.
Facts about the Attorney General of India
- Constitutional position: The Office of the Attorney General is established under Article 76 of the Constitution of India.
- Current Attorney General: R. Venkataramani, the 16th Attorney General of India, has been serving since October 1, 2022.
Highest law officer: Acts as the chief legal advisor to the Union Government.
Government role: Provides legal counsel to the government and represents it before the Supreme Court and High Courts.
Parliamentary privileges: May participate in and address both Houses of Parliament and their committees but does not have voting rights.
Eligibility: Must possess the qualifications required to be appointed as a judge of the Supreme Court.
Tenure: Holds office at the pleasure of the President.
Private practice: Permitted to engage in private legal practice.
First Attorney General: M. C. Setalvad, who served from 1950 to 1963.
Aspect
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Attorney General
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Solicitor General
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Rank
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Highest law officer
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Second-highest law officer, subordinate to the AG
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Status
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Constitutional position (in India/US cabinet level)
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Statutory/non-constitutional position (in India/sub-cabinet in US)
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Primary Role
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Chief legal advisor and head of legal/law enforcement matters
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Primarily represents the government in the Supreme Court (US/India), assists the AG
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Parliamentary role
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Can participate in proceedings (cannot vote)
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Does not have the right to participate in proceedings (in India)
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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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