The Attorney-General of India

The Attorney-General of India

Position of Attorney-General of India

  • The Attorney-General for India (AGI) is the Highest Law Officer of the Government of India.
  • Acts as the Chief Legal Adviser to the Union Government.
  • Advises the Government on legal and constitutional matters referred by the President.
  • Performs such legal duties as assigned under the Constitution or any other law. (Article 76).

Appointment of Attorney-General of India

  • Appointed by the President of India.
  • Holds office during the pleasure of the President.

Qualifications of Attorney-General of India

To be appointed as the Attorney-General, a person must possess the same qualifications as a Judge of the Supreme Court, namely:

  • Must be a Citizen of India.
  • Must have served as:
    • a Judge of a High Court for 5 years, or
    • an Advocate of a High Court for 10 years, or
    • be, in the opinion of the President, an Eminent Jurist.

Functions of Attorney-General of India

  • Advises the Union Government on legal issues referred to him.
  • Represents the Government of India before the Supreme Court and other Courts.
  • Performs all duties assigned under the Constitution or by the President.
  • Assists the Government in important constitutional and legal proceedings.

Parliamentary Rights of Attorney-General of India

  • Not a Member of the Cabinet.
  • Has the Right to Speak and participate in the proceedings of:
    • Lok Sabha
    • Rajya Sabha
    • Joint Sittings
    • Parliamentary Committees of which he is a member.
  • Has no Right to Vote in Parliament. (Article 88).

Privileges of Attorney-General of India

  • Enjoys the Privileges and Immunities available to a Member of Parliament while performing official duties. (Article 105(4)).
  • Has the Right of Audience in all Courts within the territory of India.

Service Conditions of Attorney-General of India

  • The Attorney-General is not a Whole-time Government Servant.
  • May continue Private Legal Practice, subject to prescribed restrictions.
  • Receives Remuneration as determined by the President of India.

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