The central government recently made news by extending the term of K.K. Venugopal as Attorney General (AG) for an additional year. This marks the second instance of the Centre providing an extension to his initial tenure, with the first having been granted in 2020.
About the Attorney General of India
The Attorney General (AG) of India is an integral element of the Union Executive and is considered the highest law officer in the country. The office of the AG is established under Article 76 of the Indian Constitution.
Terms of Appointment and Eligibility Requirements
The appointment of the AG is made by the President, based on the advice provided by the government. The person selected to fill this role must be eligible for appointment as a judge of the Supreme Court. This requires that they be a citizen of India, who has served as a judge in a high court for five years, been an advocate in a high court for ten years, or has demonstrated themselves as an eminent jurist, in the President’s opinion.
Office Tenure and Removal Procedures
The term of office for the AG is not established by the Constitution. In terms of removal, the Constitution does not specify procedures or grounds for the dismissal of the AG, but the officeholder may be removed by the President at any time.
Duties and Functions of the Attorney General
The Attorney General has numerous responsibilities, including providing advice to the Government of India upon legal matters referred by the President, performing additional duties of a legal character assigned by the President, representing the GoI in all cases in the Supreme Court or in any case in any High Court involving the GoI, representing the GoI in references made by the President to the Supreme Court under Article 143 of the Constitution, and carrying out functions conferred on them by the Constitution or any other law.
Rights and Limitations of the Attorney General
The AG has the right to speak and participate in the proceedings of both Houses of Parliament or their joint sitting and any committee of the Parliament of which they may be named a member, albeit without voting rights. They enjoy all the privileges and immunities of a Member of Parliament. The AG is not classified as a government servant and is not prohibited from private legal practice. However, they should not advise or hold a brief against the GoI. The AG is assisted by the Solicitor General of India and Additional Solicitor General of India in executing official responsibilities.
Corresponding Office in the States
In Indian states, the role corresponding to the AG at the federal level is the Advocate General, as outlined in Article 165 of the Constitution.
Last Modified: February 13, 2024