Attorney General of India (AGI)

By | October 16, 2015
  • Article 76 of the Indian Constitution states that the President of India shall appoint a person who is qualified to be appointed as a judge of the Supreme Court to be the Attorney General of India (AGI).
  • He is the first legal officer of the Government of India.
  • The term office of Attorney General of India (AGI) is not fixed by the Constitution of India.
  • It is the convention that, after he change of the government, the Attorney General of India resigns and new government appoints one of its own choice.
  • Attorney General of India advices the Government of India on any legal matter. AGI performs legal duties assigned by the President of India. He discharges any function conferred on him by the constitution or the President.
  • In the performance of his duties, the Attorney General shall have right of audience in all Courts in the territory of India.
  • Attorney General shall neither advise nor hold a brief against the Government of India in cases in which he is called upon to the advise the Government of India. Nor should defend accused persons for criminal prosecutions without the permission of the Government of India.
  • Attorney General is prohibited to take appointment as a Director in any company without a permission of the Government of India.
  • The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided, the other party is not the State.
  • Attorney General is not paid is a salary but a retainer that is determined by the President of India.
  • Although is not a member of either House of the Parliament but enjoys the right to attend and speak in the Parliamentary deliberations and meetings (of both the houses Lok Sabha and the Rajya Sabha), without a right to vote.
  • Attorney General is entitled to all the privileges and immunities as a Member of the Parliament.
  • The retainer of the Attorney General is equal to the salary, of a judge of Supreme court.
  • Attorney General is assisted by two Solicitors-General and four assistant Solicitors-General.
  • The Attorney General hold office during the pleasure of the President and receives remuneration as the President may determine.