Rahul Devashish
Rahul DevashishCoursePolityExecutive
24 Jul 2025Β·2 min readΒ·

Attorney General of India

πŸ“œ Constitutional Provision

  • Mentioned in Article 76 of the Indian Constitution
  • Highest Law Officer of the Government of India
  • Legal advisor to the Union Government

πŸ“ PYQ (BPSC 66th): Under which Article is the Attorney General mentioned? β†’ Article 76


πŸ§‘β€βš–οΈ Appointment and Tenure

  • Appointed by the President of India
  • Must be qualified to be a Judge of the Supreme Court:
    1. Indian citizen
    2. At least 5 years of experience in High Court or advocate for 10 years
    3. Distinguished jurist in the opinion of the President
  • No fixed tenure
  • Holds office during the pleasure of the President

πŸ“ Expected MCQ: Who appoints the Attorney General of India? β†’ President of India


βš™οΈ Powers and Functions

  • Legal advisor to the Government of India
  • Appears on behalf of the government in:
    • Supreme Court
    • High Courts
  • Defends the Union Government in all legal matters
  • Has the right to speak and participate in both Houses of Parliament (but cannot vote)
  • Has all privileges and immunities of a Member of Parliament
  • Can practice privately, but cannot appear against the Government

πŸ“ Expected MCQ: Who is the Chief Legal Advisor to the Government of India? β†’ Attorney General of India


🚫 Limitations

  • Cannot be a member of Parliament
  • Cannot appear against the Government
  • Cannot hold office of profit

🧾 Important Facts

  • First Attorney General of India: M.C. Setalvad (1950–1963)
  • Current Attorney General (as of 2025): R. Venkataramani (since 2022)
  • Not a full-time government servant, unlike Law Minister

πŸ“ Expected BPSC MCQ: Who was the first Attorney General of India? β†’ M.C. Setalvad


✍️ Difference: Attorney General vs. Solicitor General

  • Attorney General: Constitutional post under Article 76
  • Solicitor General: Statutory post, assists the AG
  • AG is the chief legal advisor, SG is subordinate

πŸ“Œ Bihar-Specific Relevance

  • AG appears in constitutional cases affecting states like Bihar
  • Advises Union on Centre-State legal disputes, including those related to:
    • President’s Rule
    • River water sharing
    • Reservation laws affecting Bihar
  • During constitutional challenges (e.g., quota-related or federal finance issues), AG represents Centre’s stance affecting Bihar's governance

πŸ“ PYQs and Expected Questions

  • βœ… BPSC 66th: Attorney General is mentioned under which Article? β†’ Article 76
  • βœ… Expected: Who was the first Attorney General of India? β†’ M.C. Setalvad
  • βœ… Expected: Who appoints the AG of India? β†’ President
  • βœ… Expected: Can AG participate in Parliament proceedings? β†’ Yes, without voting rights

πŸ” Quick Recap

  • Article 76 β†’ Attorney General of India
  • Appointed by: President
  • Qualification: Like SC Judge
  • 1st AG: M.C. Setalvad
  • Current AG (2025): R. Venkataramani
  • Rights in Parliament β†’ Can speak, can’t vote