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Attorney General of India(AGI)

4/1/2019

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Appointed by  : President of India

The Attorney General for India is the Indian government's chief legal advisor, and is primary lawyer in the Supreme Court of India. He can be said to be the lawyer from government's side. He is appointed by the President of India under Article 76 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 (He 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.)

POWERS, DUTIES AND FUNCTIONS
  • 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 for India does not have any executive authority. Those functions are performed by the Law Minister of India. Also the Attorney General for India 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 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.
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