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Attorney General & Solicitor General of India

The Attorney General of India is the highest law officer in the country. The President appoints the AG on the advice of the Council of Ministers. The AG advises the government on legal matters, represents the government in court cases, and can participate in parliamentary proceedings without voting rights. The AG has the right to private practice but cannot advise against the government's interests or defend criminal accused without government permission. The Solicitor General and Additional Solicitors General assist the AG.

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541 views1 page

Attorney General & Solicitor General of India

The Attorney General of India is the highest law officer in the country. The President appoints the AG on the advice of the Council of Ministers. The AG advises the government on legal matters, represents the government in court cases, and can participate in parliamentary proceedings without voting rights. The AG has the right to private practice but cannot advise against the government's interests or defend criminal accused without government permission. The Solicitor General and Additional Solicitors General assist the AG.

Uploaded by

Boni Dhananjay
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© © All Rights Reserved
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Attorney General & Solicitor General of India Article 76: Provides for the office of the Attorney General

of India (AG). He is the highest law officer in the Country. Appointment and Term:

The Attorney General of India (AG) is appointed by the President. He must be a person who is qualified to be appointed as a judge of the SC. In other words Article 124(3) of the SC. The term of office of the AG is not fixed by the Constitution; further the Constitution does not contain the procedures and grounds for his removal. He holds office during the pleasure of the President. He may also quit his office by submitting his resignation to the President. Conventionally he resigns when the govt. (Council of Ministers) resigns or replaced, as he is appointed on its advice. The remuneration is not fixed by the Constitution. He receives such remuneration as the President may determine.

Duties and Functions: As the chief law officer of the GOI, the duties of the AG includes:

To give advice to the GOI upon such legal matters, which are referred to him by the President. To perform such other duties of a legal character those are assigned to him by the President. To discharge the functions conferred on him by the Constitution or any other law.

The President has assigned the following duties to the AG:


To appear on behalf of the GOI in all cases in the SC in which the GOI is concerned. To represent the GOI in any reference made by the President to the SC under Article 143 of the Constitution. To appear (when required by the GOI) in any HC in any case in which the GOI is concerned.

Rights: Right of audience in all courts in the territory of India. Right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of Parliament of which he may be named a member but without a right to vote. He enjoys all the privileges and immunities that are available to a member of Parliament. Limitations:

He should not advise or hold a brief against the GOI. He should not advise or hold a brief in cases in which he is called upon to advise or appear for the GOI. He should not defend the accused persons in the criminal prosecutions without the permission of the GOI. He should not accept appointment as a director in any company or corporation without the permission of the GOI.

He does not fall in the category of the govt. servants. Further he is not debarred from private legal practice. Solicitor General of India: Solicitor General of India (SG) and Additional Solicitor General of India (ASG) assist the AG in the fulfilment of his official responsibilities. Article 76 does not mention about the SG or ASG. The AG is not a member of the Central Cabinet. There is separate law minister in the central cabinet to look after legal matters at the govt. level.

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