The Attorney General of India (AG) is the highest law officer of the Union Government, established under Article 76 of the Constitution.
RESPONSIBILITIES / DUTIES (Article 76(2))
Gives legal advice to the Government of India on matters referred by the President.
Performs other duties of legal character assigned by the President from time to time.
Appears on behalf of the Government of India in all cases before the Supreme Court and in High Courts in which the Government is concerned.
Appears in cases involving interpretation of the Constitution before the Supreme Court.
Defends the constitutional validity of laws, ordinances, and government actions when challenged.
Provides legal opinion during drafting of bills, ordinances, and constitutional amendments.
RIGHTS AND PRIVILEGES
Right of Audience in All Courts (Section 4, Law Officers Conditions of Service)
Right to Speak in either House of Parliament and any joint sitting.
Although AG can speak in Parliament, he has no right to vote.
Enjoys all privileges and immunities available to Members of Parliament when participating in parliamentary proceedings.
AG has precedence over all other advocates in courts of India.
Ex-Officio Member of the Bar Council of India.
Right to receive government documents, files, and information necessary for legal opinions.
Pre-Audience Right (Section 23, Advocates Act, 1961) – entitled to be heard before all other counsels.
LIMITATIONS / RESTRICTIONS
Not Full-Time Government Employee
Cannot give opinions to private parties against the Government of India.
Cannot defend accused persons in criminal cases without prior permission of the Government of India.
Cannot hold any other office of profit without consent of Government of India.
Restricted from Conflict of Interest Cases – Must avoid cases where his private practice conflicts with government interests.
Unlike his British counterpart, the Indian AG is not a member of the Cabinet
Holds office at President’s pleasure – no fixed tenure unlike CAG or judges.
Advisory Role Only on Legal Matters
The Attorney General of India stands as the constitutional sentinel of the Union Government’s legal framework.