Attorney General of India

“1^st law officer of GOI & its chief legal advisory & primary lawyer in SC”

• Appointed by President
• Must be qualified to be appointed as a judge of SC
• Holds office during the pleasure of the President & can be removed by him anytime. Conventionally he resigns when COMs resign or is replaced as he is appointed on their advice
• Not a member of cabinet, Does not have any executive authority & is not a political appointee

Points to Ponder

• Can not defend an accused in criminal proceedings or accept directorship of any company without the permission of the government.
• Assisted by 2 solicitor generals (appointed for 3 years) & 4 additional solicitor generals (appointed for 3 years), eligible for re-appointment, for a further term not exceeding three years.
• To be consulted only in legal matters, only after ministry of law has been consulted.

Duties of Attorney General

• To give advice to GOI on legal matters
• To perform other legal duties assigned to him by the president
• To discharge function assigned to him by constitution or other legal laws
• Enjoys the right of audience in all the courts of India
• Entitled to take part in proceedings of the parliament & can be a member of parliamentary committees but does not have a right to vote in parliament
• Allowed to take up private practice, provided other party is not the state. Because of this he is not paid salary but a retainer (to be determined by the President) Equivalent to salary of a Judge of SC

Difference between Attorney General & Solicitor General:

• Solicitor General is subordinate to the Attorney General of India and works under him.
• The Solicitor General for India is the second law officer of the country, assists the Attorney General
• Unlike the post of Attorney General of India, which is a Constitutional post under Article 76 of the Constitution of India, the posts of the Solicitor General and the Additional Solicitors General are merely statutory.