Attorney General of
India
Jewel Maria Sony
BCom LL.B.
Introduction
● The Attorney General of India is the highest law officer of the country.
● Articles 76 and 78 deal with the Attorney General of India.
● The 16 and current Attorney General is R Venkataramani. He has the
constitutional right to audience in all indian court.
Appointment and term of office
● The President appoints the Attorney General (AG).
● Should be qualified.
● The constitution does not provide for fixed tenure to the AG.
● The constitution has not fixed the remuneration of the AG.
Duties
● Gives advice to the Government of India.
● Performs such other duties of a legal character that are referred.
● Discharges the functions conferred on him by or under the
Constitution or any other law.
Functions
○ He appears on behalf of the government of India,
■ in all the cases in the Supreme Court in which the Government of
India is concerned.
■ in any reference made by the president to the Supreme Court
under Article 143 of the constitution.
■ in any case in a high court in which the Government of India is
concerned if the Government of India requires so.
Rights
● right to audience in all courts in the territory of India.
● right to speak or to take part in the proceedings of both the Houses of
Parliament and their joint sittings but without a right to vote.
● right to speak or to take part in the meeting of any committee of the
Parliament of which he is named as a member but without a right to vote.
● enjoys all the privileges and immunities that are available to a member of
parliament.
Limitations
● should not advise or hold a brief against the Government of India.
● should not defend accused persons in criminal cases without the
permission of the government of India.
● should not accept appointment as a director in any company without
the permission of the government.
Conclusion
AG is not debarred from private legal practice. He is not a government servant as
he is not paid fixed salary and his remuneration is decided by the president.
