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The Attorney General of India serves as the primary legal adviser to his government and provides advice to President on any legal matters that come before them. In addition, they fulfill other functions with legal implications.

Convention dictates that when the Council of Ministers leaves or changes, the Attorney General also leaves. However, this isn’t required by law.

Term of Office

The Attorney General of India serves as the principal legal advisor of India, providing advice and representation before Supreme Court proceedings. Furthermore, he enjoys audience rights in all courts throughout India when carrying out official duties for which his salary is determined by President.

Although the Constitution does not specify an Attorney General’s term of office, convention states that he holds it at the pleasure of the President and can be removed at any time; alternatively he may tender his resignation anytime. His tenure usually concludes when President dissolves or replaces Council of Ministers from which he was appointed on their advice.

Attorney General of India decisions have an immense effect on shaping Indian law. Ravi Shankar Rohatgi’s dissent for criminalising same-sex marriage under Section 377 was driven by his belief that Victorian values impede progressive society.

Removal from Office

According to Article 76(1) of the Constitution, an Attorney General is appointed by the President on advice of the Union Cabinet and serves at his/her pleasure, receiving remuneration as determined by him/her. They provide legal advice to government bodies when requested by their President.

Although the Attorney General possesses significant authority, it’s essential to remember that they lack executive powers. He or she can be removed at any time and resign by giving notice of resignation to the President; their removal depends on President discretion as the Constitution remains silent on this aspect. Furthermore, an AG cannot defend accused parties in criminal cases without prior permission or take up directorship of companies without government approval.

Oath of Office

Article 76 of India’s Constitution states that the Attorney General serves as chief legal advisor and primary lawyer representing the Union government before the Supreme Court. He advises on all legal matters and fulfills other responsibilities assigned by President. Furthermore, he can attend proceedings anywhere across India on behalf of his client government.

While not required by law, ministers, judges, and other constitutional officials must take an oath of office and secrecy oath upon taking office or swearing secrecy oaths respectively. Their contents can be found in the 3rd Schedule to the Constitution.

Oaths were agreed upon after extensive debate in the Constituent Assembly. One member from United Provinces, Mahavir Tyagi, voiced concern that “swear in the name of God” came before “solemnly affirm”. Dr Ambedkar responded that grammar shouldn’t get in the way of God’s will.

Remuneration

The Attorney General of India serves as the primary legal advisor to the government and is an important constitutional official. They advise and assist President on any legal matters assigned by him as well as perform duties of a legal nature. Unfortunately, no remuneration has been stipulated by law for them.

K. K. Venugopal was appointed attorney general of India in July 2017 upon Mukul Rohatgi’s retirement and is set to step down this June.

The attorney general can participate in all proceedings of both houses of parliament, as well as their joint sitting, with full access to privileges and immunities available to members of parliament. They do not need permission to practice law privately but cannot take up directorship positions without first getting approval from their president. Typically, an attorney general resigns when their government changes, however this isn’t mandatory.