Why this matters now

The AG is tested for its constitutional basis, qualifications, rights and the distinction from the Solicitor General — a clean Prelims topic.

Article 76
Constitutional basis
SC-judge
Qualification
Pleasure
Tenure
No vote
Speaks in Parliament

Appointment and qualifications

The AG is appointed by the President and must be qualified to be a judge of the Supreme Court (a citizen, with the requisite years as a High Court judge or advocate). The AG holds office during the pleasure of the President and is not a member of the Cabinet.

Duties

The AG advises the Government of India on legal matters referred by the President, appears on behalf of the government in cases (including in the Supreme Court and High Courts), and discharges functions assigned under the Constitution or laws (e.g. appearing in references under Article 143).

Rights and limitations

The AG has the right of audience in all courts and the right to speak in (but not vote in) Parliament and its committees, and enjoys the privileges of an MP. As the AG is not a full-time government servant, private practice is allowed — but the AG must not advise or appear against the Government of India, nor defend an accused in criminal cases without permission.

AG vs Solicitor General

The AG is assisted by the Solicitor General and Additional Solicitors General — but note these are statutory, not constitutional, offices (only the AG is named in the Constitution). The state-level counterpart of the AG is the Advocate General (Article 165).

UPSC angle

Know Article 76, the SC-judge qualification, holding office during the President’s pleasure, the right to speak (not vote) in Parliament, and that only the AG (not the Solicitor General) is a constitutional office.

Frequently asked questions

Who is the Attorney General of India?

The highest law officer of the Union and its chief legal adviser, appointed by the President under Article 76.

What are the qualifications to be Attorney General?

One must be qualified to be a judge of the Supreme Court.

Can the Attorney General vote in Parliament?

No — the AG has the right to speak and take part in proceedings of Parliament and its committees but cannot vote.

Is the Solicitor General a constitutional post?

No — only the Attorney General is a constitutional office; the Solicitor General and Additional Solicitors General are statutory posts.