Attorney General of India, Article, Appointment, Qualifications, Duties, Function, Limitations

Explore the role of the Attorney General of India including Article 76, appointment, duties, qualifications, powers, and limitations. Check the complete Attorney General of India list from 1950 to present and know the current Attorney General of India

Attorney General of India
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Attorney General of India is the highest law officer of the country, serving as the chief legal advisor to the Government of India and its primary representative in the Supreme Court and High Courts. Appointed by the President under Article 76 of the Indian Constitution. The Attorney General (AG) of India is a part of the Union Executive. The Attorney General of India is the highest law officer in the country.

What is Attorney General of India? 

Attorney General of India is the chief legal advisor to the Government of India and its primary lawyer in the Supreme Court of India. Appointed by the President of India under Article 76(1) of the Constitution, the Attorney General holds a constitutional post and serves at the pleasure of the President. The current Attorney General is R. Venkataramani, who assumed office on October 1, 2022, succeeding K.K. Venugopal.

Attorney General of India is the highest law officer of the country, appointed by the president under Article 76 of the Indian Constitution. Here is a brief overview of the Attorney General of India:

Aspect Details
Position Chief legal advisor to the Government of India, primary advocate in the Supreme Court
Appointed by President of India
Article Article 76 of the Indian Constitution
Current Attorney General R. Venkataramani (since Oct 1, 2022)
Eligibility Indian citizen, qualified for Supreme Court Judge (5 yrs High Court judge/10 yrs advocate/eminent jurist)
Tenure No fixed term; serves at the President’s pleasure
Privileges Right of audience in all courts, parliamentary privileges (no voting)

Current Attorney General of India

Shri R. Venkataramani is the current Attorney General of India, serving as the country’s top law officer. He assumed office on October 1, 2022, for a term of three years,  appointed by the President of India under Article 76(1) of the Constitution.

Qualifications to Become Attorney General of India

President of India appoints an individual who meets the eligibility criteria for a Supreme Court Judge. The appointment is made based on the recommendation of the government. The qualifications include:  

  • Must be a citizen of India.  
  • Must have served as a judge in a High Court of any Indian state for at least 5 years or practised as an advocate in a High Court for at least 10 years.  
  • May also be a distinguished jurist, as determined by the President.

Term of Office of Attorney General of India 

The Attorney General of India does not have a fixed term of office. The Constitution does not specify a duration for the role, nor does it outline a specific process or grounds for removal. Key terms are given below:

  • The President can remove the Attorney General at any time.  
  • The Attorney General can resign by submitting their resignation to the President.  
  • As the appointment is made on the advice of the Council of Ministers, the Attorney General is typically removed when the council is dissolved or replaced.

Articles Or Provisions Related to the Office of Attorney General of India

Constitution of India has provided detailed provisions related to Attorney General of India as given below:

Articles  Description
Article 76 Attorney-General for India

  • Appointment: The President shall appoint a person qualified to be a Judge of the Supreme Court as the Attorney-General for India.
  • Duties:
      • To provide legal advice to the Government of India on matters referred or assigned by the President.
      • To perform duties of a legal character as assigned by the President.
      • To discharge functions conferred by the Constitution of India or any other law in force.
    • Rights: The Attorney-General shall have the right of audience in all courts within the territory of India.
  • Tenure and Remuneration:
    • The Attorney-General shall hold office at the pleasure of the President.
    • The remuneration of the Attorney-General shall be determined by the President.
Article 88 Rights of Ministers and Attorney-General as to The  Houses

Participation Rights: Every Minister and the Attorney-General of India shall have the right to:

  • Speak in and participate in the proceedings of either House of Parliament.
  • Participate in any joint sitting of the Houses.
  • Take part in any committee of Parliament of which they may be named a member.

Limitation: Neither Ministers nor the Attorney-General shall be entitled to vote in these proceedings by virtue of this provision.

What are Duties and Functions performed by Attorney General of India (AG) 

As a principal legal officer of the Government of India, the Attorney General (AG) undertakes the following responsibilities:

  • Provide counsel to the Government of India on legal issues as directed by the President.
  • Carry out additional legal tasks as assigned by the President.
  • Fulfil obligations outlined in the Constitution or other applicable laws.

The President has entrusted the AG with these specific roles:

  • Represent the Government of India in all Supreme Court cases involving the government.
  • Act on behalf of the Government of India in any matter referred to the Supreme Court by the President under Article 143 of the Constitution.
  • Appear, when requested by the Government of India, in any High Court case involving the government.

Privileges and limitations of Attorney General of India

Constitution of India has provided the privileges to the Attorney General while performing his duty; further, it has also placed limitations for preserving Constitutionalism. 

Privileges of the Attorney General of India

In executing their official responsibilities, the Attorney General is entitled to:  

  • The right to appear and be heard in all courts across India.  
  • The right to participate and speak in both Houses of Parliament, their joint sessions, or any parliamentary committee where they are appointed as a member, though without voting rights.  
  • All the privileges and protections granted to a Member of Parliament.

Limitations on the Attorney General of India

To prevent conflicts of interest or complications, the Attorney General is subject to the following constraints:  

  • They must not provide legal advice or represent parties opposing the Government of India.  
  • They must not take up cases or provide counsel in matters where they are required to advise or represent the Government of India.  
  • They are prohibited from defending accused individuals in criminal cases without the explicit approval of the Government of India.  
  • They must not accept a position as a director in any company or corporation without the Government of India’s consent.  
  • They are not permitted to advise any ministry, department, statutory body, or public sector undertaking unless the request is formally routed through the Ministry of Law and Justice, Department of Legal Affairs.

Challenges to the Office of Attorney General of India

While performing his function Attorney General of India faces the following challenges as given below:

  • Requirement of AG’s Consent for Criminal Contempt Cases: The necessity of obtaining the Attorney General’s approval for initiating proceedings under the Contempt of Courts Act, 1971, could be exploited by the ruling party, potentially undermining impartiality.  
  • Lack of Defined Removal Process: The Constitution does not specify a procedure for the removal of the Attorney General, allowing the President to dismiss them at any time, which may compromise the independence of the office.  
  • Tenure Subject to pleasure of President: The Attorney General serves at the pleasure of the President, with no fixed term, which may affect the stability and autonomy of the position.  
  • Absence of Restrictions on Private Legal Practice: The Attorney General is not prohibited from engaging in private legal work and is not classified as a government servant, raising concerns about potential conflicts of interest.

List of Attorneys General of India 

Since the inception of the Constitution, there have been 16 Attorney Generals of India. Here detailed list of all Attorney Generals of India gi

Attorney General of India Name of the Attorney General Duration
1st Attorney General M.C. Setalvad 28 28 January 1950 – 1 March 1963
2nd Attorney General C.K. Daftari 2 March 1963 – 30 October 1968
3rd Attorney General Niren de 1 November 1968 – 31 March 1977
4th Attorney General S.V. Gupte 1 April 1977 – 8 August 1979
5th Attorney General L.N. Sinha 9 August 1979 – 8 August 1983
6th Attorney General K. Parasaran 9 August 1983 – 8 December 1989
7th Attorney General Soli Sorabjee 9 December 1989 – 2 December 1990
8th Attorney General J. Ramaswamy 3 December 1990 – November 23 1992
9th Attorney General Milon K. Banerji 21 November 1992 – 8 July 1996
10th Attorney General Ashok Desai 9 July 1996 – 6 April 1998
11th Attorney General Soli Sorabjee 7 April 1998 – 4 June 2004
12th Attorney General Milon K. Banerjee 5 June 2004 – 7 June 2009
13th Attorney General Goolam Essaji Vahanvati 8 June 2009 – 11 June 2014
14th Attorney General Mukul Rohatgi 12 June 2014 – 30 June 2017
15th Attorney General K. Venugopal 30 June  2017 – September 22, 2022
16th Attorney General R. Venkataramani  since Oct 1, 2022, to till now

Attorney General of India FAQS?

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AGI is the chief legal advisor to the Government of India and represents the Union Government in the Supreme Court and High Courts in critical cases.

Attorney General of India is appointed by the President of India under Article 76(1) of the Constitution.

The person must be qualified to be a Judge of the Supreme Court (i.e., must have been a judge of a High Court for 5 years or an advocate in a High Court for 10 years, or a distinguished jurist).

Attorney General of India must be qualified to be appointed as a Judge of the Supreme Court, meaning they should:

Be a citizen of India.

Have served as a Judge of a High Court for at least 5 years, or have been an advocate of a High Court for at least 10 years, or have been a distinguished jurist in the opinion of the President.

Yes, the AG is not barred from private legal practice and is not considered a government servant, which may raise concerns about potential conflicts of interest.

The AG has the right to appear and be heard in all courts in India.They can participate and speak in both Houses of Parliament, their joint sittings, or parliamentary committees (without voting rights). They enjoy the same privileges and immunities as a Member of Parliament.


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