Attorney General of India(Article 76): Appointment, Term, Duties, Powers, and Salary

As the highest law officer in the country, Attorney General of India is a constitutional position. In other words, the Indian constitution provides for the office of Attorney General of India. Its abbreviation is AGI. Its formation dates back to 28 January 1950. M. C. Setalvad was the first Attorney General of India. R. Venkataramani is the current Attorney General of India.  The remuneration of the AG is not fixed by the Constitution. He receives
such remuneration as the president may determine. Generally, the estimated salary of Attorney General of India is around Rs. 225,000 per month.

Appointment and Eligibility

• As already noted, the President of India appoints the Attorney General of India. 
• He should be qualified to become a Supreme Court judge. 
• If someone want to be an AGI, he needs to meet certain requirements. He should be an Indian citizen and have served as a judge in a high court for at least five years, or have worked as an advocate in a high court for ten years. 
• Alternatively, he should be recognized as an expert in law by the President.

Term and Removal 

• The Constitution doesn't set a specific term for the Attorney General, nor does it lay out the steps for removing him. 
• He serves as long as the president wants him to, which means the president can let him go at any time. 
• The Attorney General can also resign by letting the president know. Usually, he steps down when the government changes or resigns since he gets his job based on their recommendation.

Salary 

• The Attorney General of India, who is the top legal officer in the country, doesn’t have a regular monthly salary like other government workers. 
• Instead, they get paid based on a fee structure set by the Law Officers’ rules. They receive a monthly retainer fee and a sumptuary allowance. 
• For their professional work, they earn extra money for each day as they appear in the Supreme Court, in High Courts or Tribunals, and for cases outside Delhi. 
• They also get paid for giving legal opinions for settling pleadings or statements. On top of that, they get government housing and staff support. 
• Overall, his monthly income can vary a lot, but unofficial estimates usually put it around ₹2.25 lakhs or more, depending on how many cases they handle.

The following are the important components of salary of Attorney General of India:

Powers and Functions of Attorney General of India

The President of India has given the AG these tasks:

1. To represent the Government of India in all relevant cases at the Supreme Court.
2. To act on behalf of the Government in any reference made to the Supreme Court by the president according to Article 143 of the Constitution.
3. To appear in any high court cases involving the Government of India when necessary.

Rights and Limitations of Attorney General of India

The Attorney General can speak and represent has the right of audience in all courts in the territory of India in all courts across India while doing their job. They can also join in discussions and participate in both Houses of Parliament, or when they meet together, and in any committee where they are a member, but they can't vote. They have the same perks and protections as any other member of Parliament.

Following limitations are also there:

Here are some rules for the Attorney General to avoid conflicts or issues:

1. He can't advise or represent anyone against the Government of India.
2. He shouldn't take on cases where they have to advise or represent the Government of India.
3. He needs permission from the Government of India to defend someone in a criminal case.
4. He can’t take a director job in a company or corporation without the permission of the Government of India. 
5. He can't give advice to any government ministry, department, statutory organization, or public sector company unless it comes through the Ministry of Law and Justice, Department of Legal Affairs.

However, the Attorney General is not a fulltime counsel for the Government. He does not fall in the category of government servants. Further, he is not debarred from private legal practice.

Present Attorney General of India

Present Attorney General of India is R. Venkataramani. He was born on April 13, 1950. He’s an Indian constitutional lawyer and a Senior Advocate at the Supreme Court of India. Right now, he’s the 14th Attorney-General for India. In 2010, he joined the Law Commission of India. For the past 12 years, he’s been representing Tamil Nadu as a Special Senior Counsel and has also been doing the same for Andhra Pradesh.

Who is Solicitor General of India?

Besides the Attorney General, there are other legal officers in the Government of India, like the Solicitor General and Additional Solicitor General. They help the Attorney General with their duties. It's important to point out that only the Attorney General's position is set up by the Constitution. Article 76 doesn’t mention the Solicitor General or Additional Solicitor General.

The Attorney General isn't part of the Central cabinet; there's a separate Law Minister who handles legal issues for the government.

The Attorney General of India isn't like the Attorney General in the U.S. because he does not have any executive power. That's actually handled by the Law Minister in India. Plus, the AG isn’t a government employee and can still take on private legal cases.

AGI Office Holders Till Date

The list of Attorneys General of India are tabulated below: