The chief legal advisor to India holds a unique constitutional role

Countries & Cities · Published 12 October 2026 Swipe more like this →

In short: The Attorney General of India serves as the government's primary legal voice, but the role is far from simple. While they have the right to participate in Parliament, they lack executive authority and must navigate a complex balance between constitutional duty and political scrutiny.

Acting under Article 76(1) of the Constitution, the President appoints the Attorney General (AG) based on Union Cabinet advice, with the role lasting for the President's pleasure. To qualify, an individual must meet the requirements for a Supreme Court Judge, meaning they must have served as a High Court judge for at least five years or as a High Court advocate for at least ten years. Alternatively, the President may appoint an eminent jurist.

The AG possesses the right of audience in all Indian courts and can participate in Parliamentary proceedings, though they cannot vote. While they represent the Government of India in Supreme Court cases and presidential references under Article 143, they hold no executive authority—a power reserved for the Law Minister. Notably, the AG is not a government servant and is permitted to engage in private legal practice, provided they do not advocate against the government or represent an accused in criminal proceedings without specific consent.

The office has faced scrutiny regarding political neutrality. It is customary for the AG to resign when a new government begins. Historically, the role has been subject to intense debate; for example, during the UPA-II government (2009–2014), Goolam Vahanvati faced criticism in the 2G spectrum and coal-gate scandals. In 2005, the Supreme Court cautioned that agencies should not rely solely on the AG's opinion, specifically regarding the Taj corridor case involving Mayawati.

The Solicitor General and Additional Solicitors General provide assistance to the AG. The AG receives consultation regarding only significant matters, following prior discussions with the Ministry of Law. Current compensation for the AG includes a retainer of ₹50,000 per month and a monthly sumptuary allowance of ₹4,000, except during periods of leave.

General information, not professional advice. Spotted an error? Flag the card or see corrections and complaints.

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