1. The Attorney General for India is the Indian government’s chief legal advisor, and is its principal Advocate before the Supreme Court of India.
2. They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President.
3. They must be a person qualified to be appointed as a Judge of the Supreme Court. Hence, they must have been a judge of a high court for five years or an advocate of a high court for ten years, or an eminent jurist in the opinion of the President.
Powers and Functions
1. The attorney general is necessary for advising the Government of India on legal matters referred to them.
2. They also perform other legal duties assigned to them by the President.
3. The attorney general has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote. The attorney general appears on behalf of Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned.
4. They also represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
5. Unlike the Attorney General of the United States, the Attorney General of India has no executive authority. Those functions are performed by the Law Minister of India. Also the AG is not a government servant and is not debarred from private legal practice.
6. The attorney general can accept briefs but cannot appear against the Government. They cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.
7. The attorney general is assisted by a Solicitor General and Additional Solicitors General. The attorney general is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the attorney general are made by the Law Ministry.
