Attorney General of India (AGI) – Constitutional Overview

1. Constitutional Provision

Article 76 of the Indian Constitution provides for the Attorney General for India.
He is the highest law officer of the country and the chief legal advisor to the Union Government.
The AG represents the Union Government in the Supreme Court and High Courts in matters of legal importance.

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2. Appointment, Term, and Removal

Aspect	Details
Appointment	Appointed by the President of India. Must be qualified to be a Supreme Court judge.
Term	Holds office during the pleasure of the President. No fixed tenure.
Remuneration	Determined by the President.
Removal	Constitution does not specify grounds/procedure. Removal is at the President’s pleasure, generally on the advice of the government.

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3. Duties and Functions

Constitutional duties under Article 76:

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

Assigned by Government of India:

Represent the Union in all Supreme Court cases where the government is concerned.
Represent the government in references under Article 143 (advisory jurisdiction).
Appear in High Courts when requested by the government.

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4. Rights of the Attorney General

Right of audience in all courts in India.
Right to speak and participate in both Houses of Parliament, any joint sitting, or committees, but cannot vote.
Enjoys privileges and immunities of a Member of Parliament.

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5. Limitations of the Attorney General

Cannot advise or appear against the Government of India.
Cannot defend accused in criminal cases without government permission.
Cannot accept corporate directorships without government permission.
Cannot advise ministries, departments, or PSUs unless routed via Ministry of Law and Justice.

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6. Issues Pertaining to the AG

Consent in contempt cases: Precondition for criminal proceedings may be misused.
Removal ambiguity: No fixed term; at President’s pleasure, affecting independence.
Pleasure doctrine: Term is uncertain; can be removed anytime.
Private practice: AG can practice privately, raising potential conflict of interest.

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7. Law Officers Supporting AG

Solicitor General of India (SGI)
Second-highest law officer, appointed for 3 years by Prime Minister-chaired Appointment Committee of Cabinet.
Provides legal advice and represents government, but no right to participate in Parliament.
Additional Solicitor General (ASG)
Supports AG and SG in legal functions.
Appointed through the same statutory process.

Note: Only AG is constitutional, while SG and ASG are statutory offices (Law Officers Rules, 1987).

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8. State-Level Counterpart: Advocate General

Article 165: Each state Governor appoints an Advocate General.
Must be qualified to be a High Court judge.
Holds office at the Governor’s pleasure.
Functions, rights, and duties are similar to AG, but confined to the state.

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9. Key Distinction Table

Feature	Attorney General (AG)	Solicitor General (SG) / ASG	Advocate General (AG-State)
Constitutional Status	Constitutional (Art. 76)	Statutory	Constitutional (Art. 165)
Jurisdiction	Union Government	Union Government	State Government
Participation in Parliament	Yes, can speak, no vote	No	No
Private Practice Allowed	Yes	Yes	Yes
Removal	President’s pleasure	Government discretion	Governor’s pleasure

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10. Importance of the Office

Ensures legal guidance to the Union Government.
Safeguards constitutionality of laws and policies.
Represents government’s legal interests in Supreme Court and High Courts.
Acts as a bridge between executive and judiciary in legal matters.