Subject: Indian Polity

The Attorney General (AG) is the highest law officer and chief legal advisor to the Government of India, appointed under Article 76 of the Constitution. The position holds constitutional significance in ensuring legal compliance and defending government interests.

Constitutional Position and Appointment

• Appointed by the President of India on the advice of the Union Cabinet for a term determined by the President.
• Must possess qualifications required for a Supreme Court Judge - being a citizen of India and having 5 years' experience as a High Court Judge or 10 years' experience as an advocate.
• Holds office during the pleasure of the President and receives remuneration determined by the President.

Functions and Responsibilities

• Legal Advisory Role:

  • Advises the Government of India on complex legal matters and constitutional questions.
  • Assists in drafting and reviewing important legal documents and legislation.
  • Provides opinions on interpretation of the Constitution, laws, and treaties.

• Representative Role:

  • Appears on behalf of the Government of India in Supreme Court cases.
  • Represents India in references made by the President under Article 143.
  • Defends Union's interests in legal proceedings between the Centre and States.

Rights and Limitations

• Parliamentary Privileges:

  • Right to speak and participate in parliamentary proceedings.
  • Right to be a member of parliamentary committees.
  • Cannot vote in Parliament.

• Professional Rights:

  • Can practice private law with permission.
  • Has right of audience in all courts within Indian territory.
  • Cannot advise against the government or appear in cases against it.

Comparison with Solicitor General

• Works in coordination with the Solicitor General of India and Additional Solicitor Generals.
• While AG is constitutional post, Solicitor General is statutory position.
• Both assist Supreme Court in complex constitutional matters.

The role of Attorney General is crucial in maintaining constitutional propriety and legal governance. Recent cases like the Article 370 abrogation and Electoral Bonds demonstrate AG's vital role in interpreting constitutional provisions and defending government actions, making it an indispensable institution in India's legal framework.