BharatNotes What is Attorney General of India?
The Attorney General of India (AGI) is the country's highest law officer, established by Article 76 in Part V of the Constitution. The AGI is the chief legal adviser to the Government of India and its principal advocate in the Supreme Court, advising the government on legal matters referred by the President and performing legal duties of a constitutional nature.
The present Attorney General is R. Venkataramani, the 16th holder of the office, who was reappointed for a further period of two years with effect from 1 October 2025 (Gazette notification dated 26 September 2025, Department of Legal Affairs, Ministry of Law & Justice), extending his tenure up to 30 September 2027.
Appointment, Qualifications and Tenure
The AGI is appointed by the President on the advice of the Council of Ministers. To be eligible, a person must possess the qualifications required to be a judge of the Supreme Court — that is, having been a judge of a High Court for five years, or an advocate of a High Court for ten years, or, in the President's opinion, an eminent jurist.
The Constitution does not fix a term for the AGI; the office is held "during the pleasure of the President" (Article 76(4)), and the holder may be removed at any time. There is no prescribed removal procedure. The AGI may resign, and by convention vacates office when the government that recommended the appointment changes.
Powers, Rights and Limitations
| Aspect | Position of the AGI |
|---|---|
| Constitutional basis | Article 76 |
| Right of audience | All courts within the territory of India |
| Parliament | May speak and take part in proceedings of both Houses and joint sittings/committees, but cannot vote |
| Remuneration | Not fixed by the Constitution; determined by the President |
| Status | Not a whole-time counsel; not a government servant |
| Private practice | Permitted, with restrictions (below) |
Key limitations (largely by convention/instruction rather than express constitutional text): the AGI cannot advise or hold a brief against the Government of India, should not advise in matters where called upon to advise the government, and may not defend an accused in criminal proceedings or accept directorship of a company without government permission.
UPSC Angle
This is a foundation concept for Polity (GS2). Examiners test it both factually and analytically:
- Prelims — appointing authority, Article 76, qualifications, "pleasure of the President", and the no-vote rule in Parliament.
- Mains GS2 — role, independence and limitations of the chief legal adviser; the balance between serving the executive and upholding the rule of law.
The most common confusions to avoid: the AGI is a constitutional post, whereas the Solicitor General and Additional Solicitors General are statutory/government law officers not mentioned in the Constitution; and the AGI (Union) parallels the Advocate General of a State under Article 165. Cross-link with current affairs on appointments and the working of the government's legal machinery for GS2 governance questions.
