The Attorney General (AG) serves as the top legal officer in India. Under Article-76 of Part V of the Constitution, the Attorney General is envisaged with a role to counsel the government in legal matters. Along with being the primary legal advisor to the government, the Attorney General also appears on the behalf of the Government in the Supreme court. 

Appointment and Qualifications of Attorney General of India

The President appoints the Attorney General of India. Under Article 76 of the Constitution  the President shall appoint a person as Attorney General who is qualified to be appointed as a judge of Supreme Court i.e. to be appointed the attorney general a person should fulfil following conditions: 

• The individual must be a citizen of India, 
• He/she should have served as a judge at any High Court for five years, been an advocate at any High Court for ten years, or 
• be recognized as an eminent jurist in the President’s opinion. 

M.C. Setalvad was appointed as First Attorney General of India. Currently, R. Venkataramani holds the position. 

Tenure and remunerations of Attorney General of India

The Constitution does not specify the tenure of the Attorney General. The President determines the remuneration and allowances for the Attorney General, as these are not outlined in the Constitution.

Removal of Attorney General of India

According to the Constitution, the Attorney General remains in office at the discretion of the President, meaning he/she can be dismissed at any time by the President. No procedure and grounds for removal of the Attorney General are specified in the Constitution.

He/she can resign from his/her office by writing to the President. Conventionally, the Attorney General resigns when the ruling government resigns or is being replaced because he/she is appointed on their advice.

Powers and duties of the Attorney General of India

Being the principal legal representative of the Union Government, Attorney General performs following functions:

• Advisory Function: The Attorney General provides legal advice to the Government of India upon such legal matters, which are referred to him/her by the President.
• As a representative of the Government: As per Law Officer Rules,1987, following are duties of the AG:

1. The Attorney General is responsible for representing the Union Government in legal matters in the Supreme Court or any High Court where the Government of India is involved
2. He/she represents the Government of India in any reference made by the President to the Supreme Court under Article-143 (Advisory Jurisdiction) of the Constitution.

• Other functions: He/she fulfills other functions as designated by the Constitution or by any law. 

Rights of the Attorney General of India

Attorney General also enjoys some special rights like:

• Right to audience: The Attorney General is entitled to an audience in all courts across India.
• Takes part in proceedings of both houses: Under Article-88 of the Constitution, the Attorney General is permitted to engage in the proceedings of both Houses of Parliament without the right to vote.
• Privileges and immunities: He/she enjoys all the privileges and immunities that are available to a member of the Parliament (Article-105).

It is crucial to note that the Attorney General does not serve as a full-time legal advisor for the Government of India.  He/she does not fall in the category of Government servants. Hence, he/she is not debarred from private legal practice.

Limitations on the functioning of Attorney General of India

To avoid conflicts of interest, certain restrictions have been imposed on the Attorney General:

• . He/she cannot provide advice or represent any case against the Government of India. 
• He/she should not defend accused persons in criminal prosecutions without the permission of the Government of India.
• He/she should not accept any appointment as a director in any company or corporation without the permission of the Government of India.

As the chief legal advisor to the government, the Attorney General provides expert legal opinions on various matters and represents the government in important legal proceedings. They act as a bridge between the judiciary and the executive, ensuring that the government functions within the framework of the Constitution. The role of the Attorney General in India is vital to maintaining the integrity of the legal system and upholding the principles of justice and fairness.

Advocate General of the State

Under Part-VI, Article-165 of the Constitution, the office of Advocate General of the State is provided to represent the State Governments in all legal matters. He/she is recognized as the highest law officer in the state. 

Appointment and qualifications of Advocate General

According to Article-165, Advocate General of the State is appointed by the Governor. He/she must be a person who is qualified to be a judge of a High Court which means:

• He/she must be an Indian citizen, 
• Possess a judicial office tenure of ten years or have been an advocate at a High Court for ten years. 

Tenure and Removal of Advocate General

The Constitution does not stipulate a fixed term for the Advocate General. He/she holds office for such a period as described under the rules of conditions and services in different states. 

• The Constitution does not contain any procedure or grounds for removal of Advocate General. He/she holds office during Pleasure of the Governor.
• The Advocate General of the State can resign from his/her office by submitting his/her resignation to the Governor. 

Rights, duties and limitations of Advocate General of the State

Being the highest law officer of the State government, the Advocate General performs following functions in relation to the duties of his/her office: 

• He/she is responsible to advise the state government on the legal matters that the governor refers to him/her.
• He/she also has to perform all the duties of legal characteristics as are assigned to him by the state governor.
• He/she is bound by the Constitution for such duties and functions as is mentioned therein or any other law.

The Advocate General enjoys similar rights as those of the Attorney General regarding Parliament, per Articles 177 (Rights concerning State Legislature) and 194 (powers and privileges as a member of the State Legislature) of the Constitution.

The role of Advocate General is not limited to merely acting as a lawyer of the State Government. He/she is a constitutional functionary and should strive to fulfil his/her responsibilities in an efficient and effective manner, as prescribed by the Constitution of India.