Article- 165.Advocate-General for the State OR Attorney General of India

 

Introduction 

        The Attorney General for 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.

        The 14th and current Attorney General is Mukul Rohatgi. He was appointed by Pranab Mukherjee, the President of India. He has been formally appointed as Attorney General of India with effect from 12 June 2014 and shall have tenure of 3 years.

Art-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 Attorney-General 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. 

Powers and duties

        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.

        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 Solicitors General.The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the Attorney General are made by the Law Ministry  . Article- 165.Advocate-General for the State 

(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.  

(2) It shall be the duty of the Advocate-General to give advice to the Government of the State 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 Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. 

(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.