About:
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- The Attorney General (AG) is the highest law officer in the country.
- The office is provided for under Article 76 of the Constitution.
Appointment and Term
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- Appointed by the President of India.
- Must be qualified to be a Supreme Court judge (i.e., must be an Indian citizen and either:
- A High Court judge for 5 years, or
- A High Court advocate for 10 years, or
- An eminent jurist, in the President’s opinion.
- No fixed tenure; holds office during the pleasure of the President.
Duties and Functions
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- Advises the Government on legal matters referred by the President.
- Performs legal duties assigned by the President.
- Represents the Government in cases before the Supreme Court and High Courts.
- Appears in Presidential references to the Supreme Court under Article 143.
Rights and Privileges
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- Has the right of audience in all Indian courts.
- Can participate in proceedings of both Houses of Parliament and parliamentary committees (without voting rights).
- Enjoys privileges and immunities of a Member of Parliament.
Limitations
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- Cannot advise or hold a case against the Government of India.
- Cannot defend criminal cases without government permission.
- Cannot take up a directorial position in any company without government permission.
- Cannot advise any ministry or public sector body unless approached via the Ministry of Law and Justice.
- Can engage in private legal practice (not a full-time government employee).
