Attorney General of India | |
---|---|
Abbreviation | AG |
Seat | N-234-A, Greater Kailash-I, New Delhi |
Appointer | President of India |
Term length | 5 years |
Constituting instrument | Article 76 of the Constitution |
Formation | 28 January 1950 |
First holder | M. C. Setalvad |
Deputy |
Solicitor 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 India under 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 is Mukul Rohatgi. He was appointed by Pranab Mukherjee, the President of India. He was formally appointed as with effect from 19 June 2014 and shall have a tenure of 5 years.
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 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. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
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.