Why this matters now
Attorney General is tested for: Article 76 provisions (appointment by President, eligibility = SC judge qualification); no fixed term — holds office during the pleasure of the President; duties (advise GoI on legal matters; appear in cases referred); right of audience in all courts of India; participation in Parliament without right to vote; distinction from Solicitor General + Additional SG (statutory law officers).
Article 76 provisions
| Article | Provision |
|---|---|
| 76(1) | President shall appoint a person qualified to be a Supreme Court judge as Attorney General. |
| 76(2) | Duty to give advice to GoI on legal matters and perform other legal duties as may be referred or assigned. |
| 76(3) | In performance of duties, AG shall have right of audience in all courts in the territory of India. |
| 76(4) | Holds office during the pleasure of the President; receives remuneration as President may determine. |
| 88 | AG can speak in either House + joint sittings + parliamentary committees — but NOT entitled to vote. |
| 105(4) | AG has same privileges and immunities as members of Parliament for parliamentary participation. |
Eligibility: citizen of India + judge of High Court for 5 years OR advocate of High Court for 10 years OR “eminent jurist” in the opinion of the President.
No fixed term. Conventionally resigns when the appointing government leaves office.
Limitations (not constitutional but conventional + ethical):
- Cannot advise or hold brief against the GoI.
- Cannot advise/hold brief in matters where called to advise GoI.
- Cannot defend an accused in criminal prosecutions without GoI permission.
- Cannot be a director of a company without GoI permission.
- Can engage in private practice (unlike SG).
Past Attorneys General
- M.C. Setalvad (1950-63) — first AG; longest tenure 13 years.
- C.K. Daphtary (1963-68)
- Niren De (1968-77)
- S.V. Gupte (1977-79)
- L.N. Sinha (1979-83)
- K. Parasaran (1983-89, again 2014 in Ayodhya case)
- Soli Sorabjee (1989-90, 1998-2004)
- G. Ramaswamy (1990-92)
- Milon K. Banerji (1992-96, 2004-09)
- Ashok Desai (1996-98)
- Goolam E. Vahanvati (2009-14)
- Mukul Rohatgi (2014-17)
- K.K. Venugopal (2017-22) — 4 extensions; ex-Solicitor General Indira era.
- R. Venkataramani (1 October 2022 - present) — appointed by Modi govt; ex-Law Commission member.
AG vs Solicitor General
Solicitor General + 4 Additional Solicitors General are statutory (not constitutional) under Law Officers (Conditions of Service) Rules 1987. SG = principal law officer assisting AG. Current SG: Tushar Mehta (since October 2018, multiple extensions). State equivalent: Advocate General of State under Article 165 — State’s first law officer.
UPSC angle
Know ATTORNEY GENERAL OF INDIA — Article 76 Constitution; FIRST LAW OFFICER; APPOINTED by President; ELIGIBILITY = qualifications of SC judge = citizen+HC judge 5 yrs OR HC advocate 10 yrs OR eminent jurist; ART 76(2) duty advise GoI on legal matters; ART 76(3) RIGHT OF AUDIENCE IN ALL COURTS in India; ART 76(4) holds office DURING PLEASURE OF PRESIDENT no fixed term; ART 88 can speak in either House+joint sittings+parl committees but NO VOTE; ART 105(4) parliamentary privileges; CONVENTIONAL LIMITATIONS: cannot hold brief against GoI, cannot advise/brief in matter where advised GoI, cannot defend accused criminal without GoI permission, can engage in private practice unlike SG; M.C. SETALVAD 1ST AG 1950-63 longest 13 yrs; K. Parasaran 1983-89 + 2014 Ayodhya; Soli Sorabjee 1989-90+1998-2004; Mukul Rohatgi 2014-17; K.K. VENUGOPAL 2017-22; R. VENKATARAMANI 1 OCT 2022+; SOLICITOR GENERAL + 4 Additional SGs are STATUTORY (Law Officers Conditions of Service Rules 1987); current SG TUSHAR MEHTA Oct 2018+; STATE equivalent ADVOCATE GENERAL Article 165.
Frequently asked questions
What is the Attorney General’s tenure?
No fixed term — holds office during the pleasure of the President (Article 76(4)). Conventionally resigns when the appointing government leaves office.
Can AG appear in private cases?
Yes — AG can engage in private practice, but cannot advise or hold brief against the Government of India.
Who is the current Attorney General?
R. Venkataramani — took office on 1 October 2022 for a 3-year term.
Difference between AG and SG?
AG is a constitutional post under Article 76. SG (Solicitor General) is a statutory post under the Law Officers (Conditions of Service) Rules 1987 — the SG assists the AG.