The Constitution of India
Article 76
Attorney-General for India
(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
(3) In the performance of his duties the AttorneyGeneral shall have right of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
Why this exists
The framers wanted the Union Government to have its own top legal adviser, similar to the Attorney-General in England, ensuring high-quality legal counsel from someone of Supreme Court Judge-level competence. Unlike a career civil servant, this role is political-legal, tied to the President's (effectively the government's) confidence, allowing flexibility while maintaining professional standards.
How courts read it
Courts have generally treated the Attorney-General's role as advisory and representative rather than adjudicatory, distinguishing it from judicial office. Judicial discussions (e.g., in cases about the Attorney-General's discretion to grant consent for contempt petitions) have emphasized that while the AG holds a constitutional post 'during pleasure,' the office carries independent professional responsibilities and is not merely a government mouthpiece, especially regarding contempt of court proceedings under the Contempt of Courts Act.
Common misconceptions
- Myth: The Attorney-General is a judge or part of the judiciary.
Fact: The Attorney-General is a government legal adviser and advocate, not a judge; they don't decide cases, they argue and advise. - Myth: The Attorney-General has a fixed term like judges do.
Fact: Article 76(4) states the Attorney-General serves 'during the pleasure of the President,' meaning there's no fixed term and the President can end the appointment. - Myth: The Attorney-General only works for the President personally.
Fact: The Attorney-General advises and represents the Government of India as a whole, not the President in a personal capacity.