Attorney General of India

The office of the Attorney General of India is established by Article 76 of the Constitution, which falls under Chapter I (The Executive) of Part V (The Union). This is the only article that deals with this office. The Attorney General holds the distinction of being India's highest law officer.

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The Attorney General is appointed by the President of India. The eligibility criteria mirror those required for appointment as a judge of the Supreme Court:

• Must be a citizen of India, AND
• Must have served as a judge of a High Court for at least 5 years, OR
• Must have practiced as an advocate of a High Court for at least 10 years, OR
• Must be an eminent jurist in the opinion of the President.

These qualifications place the AG's legal standing at the highest tier of the Indian legal hierarchy.

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Several key features distinguish the AG's tenure from other constitutional offices:

• The Constitution does not fix a term for the AG.
• There is no specified procedure or grounds for removal in the Constitution.
• The AG holds office at the pleasure of the President, meaning the President can remove the AG at any time.
• The AG may also resign voluntarily by submitting resignation to the President.
• By convention, the AG resigns when the Council of Ministers (government) resigns or changes, since the AG is appointed on ministerial advice.

This makes the AG's position politically sensitive — tied to the continuity of the government in power.

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The Constitution does not prescribe a fixed salary for the AG. The remuneration is determined by the President. This is another area of presidential discretion, unlike judges whose salaries are charged to the Consolidated Fund of India.

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As the chief legal advisor to the Union government, the AG's duties fall into two broad categories:

Constitutional and Assigned Legal Duties

• Advise the Government of India on legal matters referred to him by the President.
• Perform other legal duties assigned by the President.
• Discharge functions conferred by the Constitution or any other law in force.

Duties Assigned by Presidential Notification (26 January 1950)

• Appear on behalf of the Government of India in all cases before the Supreme Court in which the Union is a party.
• Represent the Government in any Presidential Reference made to the Supreme Court under Article 143 of the Constitution.
• Appear in any High Court (when required by the Government) in cases involving the Union government.

In essence, the AG is the principal advocate for the Union government across the country's courts.

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The AG enjoys significant rights in his official capacity:

• Right of audience in all courts across India — he can appear in any court in the territory.
• Right to speak and participate in the proceedings of both Houses of Parliament, joint sittings, and any Parliamentary committee of which he is a member.
• However, he has no right to vote in Parliament.
• He is entitled to all privileges and immunities available to a Member of Parliament.

The relevant articles are:

• Article 76 — Office of the AG
• Article 88 — Rights of AG in Parliament
• Article 105 — Privileges and immunities of the AG

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To prevent conflict of interest and uphold institutional integrity, the Constitution and conventions impose these restrictions on the AG:

1. He must not advise or hold a brief against the Government of India.
2. He must not advise or hold brief in cases where he is already appearing for the Government of India.
3. He cannot defend accused persons in criminal cases without prior permission from the Government of India.
4. He cannot accept directorship in any company or corporation without the Government's permission.

These constraints ensure the AG's undivided loyalty to the Union's legal interests in all matters where the government has a stake.

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Below the AG in the law officer hierarchy are the Solicitor General of India and the Additional Solicitor General of India. Their role is to assist the AG in discharging his official functions. Crucially:

• These offices are not created by the Constitution.
• Article 76 makes no mention of the Solicitor General or Additional Solicitor General.
• They exist under executive or statutory arrangements, not constitutional mandate.

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• The AG is appointed by the President, not Parliament or the PM.
• Qualifications = those of a Supreme Court judge.
• Tenure is at the pleasure of the President — no fixed term, no prescribed removal procedure.
• Salary is determined by the President, not fixed by the Constitution.
• The AG has parliamentary participation rights but no voting rights.
• The AG is not a government servant and may practice privately.
• Only the AG's office is constitutionally established; the Solicitor General is not.
• The AG is not a member of the Cabinet; the Law Minister handles government-level legal administration.
• A historical note: Nehru-era proposal to merge the AG's office with the Law Minister's portfolio was never implemented.