Constitutional Mandate

• The Attorney General of India is a constitutional body under Article 76 of the Indian Constitution.

Appointment Procedure of the Attorney General of India

• Authority: The President of India appoints the Attorney General of India. 
• Criteria: In short, the person to be appointed as Attorney General must be qualified to be appointed as a judge of the Supreme Court, i.e
  • He must be a citizen of India; and
  • He must have been a judge of some High Court for five years or an advocate of an high court for ten years; or
  • An eminent jurist in the opinion of the President.
• Duration of Service: The term of Attorney General has not been fixed by the constitution.

Power and Rights of the Attorney General of India

• Right of Audience: The Attorney General of India has the right of audience in all courts within the Indian Territory.
• Participation in House Proceedings: The Attorney General of India has the right to participate in the proceedings of both houses of the Indian Parliament.
  • He can also attend joint sittings and also meetings of the house committee of the Parliament for which he may be named a member.
  • However, he has no right to vote in the Parliament or any of the committees.
  • The Attorney General of India enjoys all the privileges and immunities that are enjoyed by the members of the Parliament.

What are the Functions of the Attorney General of India?

• General Functions
  • Chief Law Officer: The Attorney General of India serves as the chief law officer of the Indian government, often representing it in courts.
  • Advice on Legal Matters: He/She advises the Government of India on legal matters that are referred to by the President.
  • Legal Duties: He/She performs legal duties that are assigned to him by the President.
  • Constitutional Duties: Discharge duties conferred to him by the Constitution of India.
• Specific Functions:
  • Representation in Supreme Court: He/She appears on behalf of the Government of India in the Supreme Court.
  • President’s Reference: He/She represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
  • Representation in High Court: He/She may be required to appear in any High Courts in cases concerning the Government of India.

How did the Attorney General of India form his office?

• Grounds: The constitution does not provide for any grounds for the removal of the Attorney General of India.
• Procedure for Removal: There are no procedures mentioned for the removal of the Attorney General.
• Removing Authority: The President can remove the Attorney General any time or the Attorney General can quit the office by tendering his resignation to the President of India.
• Convention: Attorney General is considered a part of the Union executive and usually resigns when the Council of Ministers resigns or is replaced as he is appointed based on its advice.

What Limitations are on the Attorney General of India?

• Avoid Brief against the Government of India: The Attorney General of India should not hold a brief against the Government of India.
  • He must also not hold a brief in cases in which he is called upon to advise or appear for the Government of India.
• Defend Accused without Permission: Attorney General must not defend accused persons in criminal prosecutions without permission from Government of India.
• Appointment as Director: Attorney General cannot be appointed as a director in any company without the permission of Government of India.

What are the Special Functions of the Attorney General of India?

• Non-Government Servant: Despite being the counsel of Government of India, the Attorney General of India does not come under the category of Government Servants.
• Private Legal Practice: Attorney General is not debarred from private legal practice. 
  • However, he cannot appear against the state without the Permission of the Government of India.
• Contempt Case against Private Citizen: The consent of Attorney General is mandatory when a private citizen wants to initiate a case of contempt of court against a person.

Advocate General of State

• About: Advocate General (AG) is a constitutional office under Article 165. The Advocate General is the highest law officer in a state.
• Appointment: The AG is appointed by the governor of the state and must possess qualification to be a judge of the High Court, i.e
  • He must be a citizen of India; and
  • He must have held a judicial office for ten years; or
  • He must have been an advocate of a High Court for ten years.
• Tenure: The tenure of AG is not determined by the constitution. He holds the office till the pleasure of the governor.
  • He usually resigns when the government that appointed him exits office.
• Removal: The AG can be removed by the governor or he can resign on his own by submitting a resignation to the governor.
• Remuneration: The remuneration of the AG is not fixed by the constitution, but rather determined by the governor.
• Powers and Functions
  • Powers
    • He has the right to appear before any court in the state.
    • He has the right to participate and speak in the proceedings of both houses of the state legislature. However, he cannot vote.
    • He enjoys all immunities and privileges as a member of the legislature.
  • Functions:
    • To give advice to the government on legal issues referred to him by the governor.
    • To Perform legal duties assigned by the governor.
    • To discharge functions imposed upon him by the constitution.

Solicitor General of India

• About: The Solicitor General is a subordinate office to the Attorney General of India. He is the secondary law officer of the country.
• Assistance: The Solicitor General is assisted by Additional Solicitor Generals, who represent the Union of India across courts.
• Constitutional Position: While the Attorney General of India is a constitutional office, the Solicitor General of India and Additional Solicitor Generals are statutory offices, appointed by the Appointment Committee of the Cabinet.

Famous Attorney Generals of India

• Mukul Rohatgi
  • Rohatgi was appointed as the Attorney General for the first time in 2014 for a three-year term. 
  • Famous cases handled by Mukul Rohatgi include the 2002 Gujarat Riots Cases against the Gujarat government, the Aryan Khan drugs bust case, Justice Loya’s death case, the Vijay Mallya bank fraud case, etc.
• Soli Sorabjee
  • Soli Sorabjee served as the Attorney General between 1989 to 1990 and 1998 to 2004. 
  • He was involved in famous cases such as the Kesavananda Bharati case, Maneka Gandhi case, SR Bommai case, I R Coelho case, Shreya Singhal case, etc.