Attorney General of India: Article 76, Tenure, Powers, Attorney General of India UPSC

Who is Attorney General of India?

The post of the Attorney General of India has been described under Article 76 of the Indian Constitution. He/She is the primary legal representative of the Union Government. He/She is responsible for representing the Government in the Supreme Court of India. The appointment of the Attorney General of India is not supposed to be influenced by politics.

Attorney General of India UPSC PDF

Attorney General of India: Article 76 of Indian Constitution

According to Article 76 of the Indian Constitution, the President appoints an Attorney General for India who is competent to be appointed as a Supreme Court Judge.

• It shall be the Attorney General's duty to advise the Government of India on such legal issues and to perform such other legal responsibilities as may be referred or assigned to them by the President from time to time, as well as to discharge the functions conferred on them by or under this Constitution or any other law in force at the time.
• He/She shall have the right of an audience in all courts in India while performing their duties.
• He/She serves at the convenience of the President and receives whatever salary the President determines.

List of Attorney General of India

India has had 16 Attorney Generals to date. R. Venkataramani is the 16th AG, serving the office since 2022. Below is the Attorney General of India List, along with their tenure.

Appointment of Attorney General of India

The Attorney General of India is appointed through nomination by the President of India. The President can appoint only a person who qualifies as a Supreme Court judge. Along with this, a few other pointers are required to qualify for the post.

• The candidate should be a citizen of India.
• The candidate should have 5 years of experience as a judge in the High Court of any state.

OR,

• The candidate should have 10 years of experience as an advocate in the High Court of any state.
• The candidate can also be a famous jurist.

Tenure of Attorney General of India

The tenure of Attorney General of India has not been defined by the Indian Constitution. There is no specific or fixed term. Similarly, the constitution does not specify the process to be followed for the removal.

• The President of India can only remove the AG at any given time, as there is no minimum tenure.
• The President appoints the Attorney General after consulting the Council of Ministers. The Convention would also dictate that the removal would be discussed with the Council.
• The AG can resign from the post after submitting their resignation to the President.

Powers and Functions of Attorney General of India

The Attorney General of India is the country's chief law officer. The AG has a lot of duties and responsibilities to perform, like;

• Legal matters are referred to him/her by the President, to which he/she provides counsel to the Union government.
• The President refers to the Attorney General of India for counsel on legal matters that interest him/her.
• There are three duties that are assigned to the AG by the President. They are;
• For any legal proceeding that concerns the GoI, the AG is to represent them in the Supreme Court.
• Article 143 of the Indian Constitution requires the AG to represent the Union in any proceeding referred to by the President.
• In all cases related to the GoI, the AG shall appear for the court proceedings.

Limitations of the Attorney General of India

Along with the powers and functions of the Attorney General of India, there are also a few limitations put on them, which helps to avoid the conflict of interests and duty:

• The Attorney General of India should not advise against the government.
• When asked to appear for the Government of India, he/she should not advise or hold a brief in those cases.
• Without Government's permission, he/she should not favour accused people in the judgements of criminal cases.
• He shouldn't be appointed as a director in any company without the government's permission.

Attorney General of India UPSC

Learning from the Attorney General of India UPSC notes helps candidates prepare for the upcoming Civil Services exam well. They can check the previous year's questions on this topic below, which will help them to understand the type and difficulty level of questions asked. Additionally, knowing about the present and the first attorney general of India will give them a competitive edge in the exam.

Attorney General of India UPSC Questions

Question 1 - Who is a non-member given the power to participate in the Lok Sabha debates?

1. Vice President
2. Attorney General of India
3. Chief Justice of India
4. None of the above

Answer - B. Attorney General of India

Question 2 - Who among the following holds the office for tenure as per the pleasure of the President?

1. Comptroller Auditor General of India
2. Election Commissioner
3. Attorney General of India
4. Lok Sabha Speaker

Answer - C. Attorney General of India