Attorney General of India

Attorney General of INDIA

Incumbent
MUKUL ROHATGI
since 19 June 2014

AbbreviationAG
SeatN-234-A, Greater Kailash-I, New Delhi[1]
AppointerPresident of India
Term length5 years
Constituting instrumentArticle 76 of the Constitution
Formation28 January 1950
First holderM. C. Setalvad
DeputySolicitor General of India
Additional Solicitors General of India

The Attorney General of India is the Indian government's chief legal advisor, and its primary lawyer in the Supreme Court of India. He is appointed by the President of Indiaunder Article 76(1) of the Constitution and holds office during the pleasure of the President. He must be a person qualified to be appointed as a Judge of the Supreme Court, also must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President and must be a citizen of India.

The 14th and current Attorney General isMukul Rohatgi. He was appointed by Pranab Mukherjee, the President of India. He was formally appointed as with effect from 19 June 2014[1] and shall have a tenure of 5 years.[2][3]

Powers and dutiesEdit

The Attorney General is necessary for giving advice to the Government of India in legal matters referred to him. He also performs other legal duties assigned to him by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of theParliament, though not to vote.[4] 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. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of theConstitution.

Unlike the Attorney General of the United States, the Attorney General of India does not have any 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.

The Attorney General can accept briefs but cannot appear against the Government. He cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.

The Attorney General is assisted by a Solicitor General and four Additional Solicitor Generals.[4] The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Lawhas been consulted. All references to the Attorney General are made by the Law Ministry.

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