Attorney General of India — Article 76, Powers, Role, and Comparison with Advocate General

The Attorney General (AG) of India is the highest law officer of the country. Article 76 of the Constitution deals with the AG. This is a high-frequency topic in Kerala PSC exams covering appointment, powers, and comparison with the Advocate General of States.

Constitutional Provisions

Aspect	Detail
Article	76
Appointed by	President of India
Qualification	Must be qualified to be a Judge of the Supreme Court (i.e., citizen of India + 5 years as HC judge OR 10 years as HC advocate OR distinguished jurist in President’s opinion)
Tenure	Not fixed; holds office during the pleasure of the President
Removal	No formal procedure; President can remove at any time
Salary	Not determined by the Constitution; decided by the President (receives fees, not salary — technically not a government servant)

Powers and Functions of the Attorney General

Power	Description
Advise the Government	Advises the Government of India on legal matters referred to by the President
Appear in Supreme Court	Right to appear and plead in all courts in India on behalf of the Government
Appear in any court	Can appear before any court in India
Parliament access	Right to speak and participate in proceedings of both Houses of Parliament and any committee, but has no right to vote (Art. 88)
Represent Government	Represents Government of India in all cases in the Supreme Court
Discharge functions conferred	Discharges functions conferred by the Constitution or any other law

Limitations on the Attorney General

Limitation	Detail
Cannot advise against Government	Should not advise or hold a brief against the Government of India
Cannot defend accused	Should not defend accused persons in criminal prosecutions without Government permission
Cannot accept directorship	Should not accept appointment as director of any company without Government permission
No vote in Parliament	Can attend and speak but cannot vote
Not a member of Parliament	Holds no membership of either House

List of Attorney Generals of India (Key Names for PSC)

Name	Tenure	Key Fact
M.C. Setalvad	1950–1963	First AG, longest-serving (13 years)
C.K. Daphtary	1963–1968	Second AG
Niren De	1968–1977	Served during Emergency period
S.V. Gupte	1977–1979	Served under Janata government
L.N. Sinha	1979–1983	—
K. Parasaran	1983–1989	Served under Rajiv Gandhi
Soli Sorabjee	1989–1990, 1998–2004	Served twice, human rights advocate
Milon K. Banerjee	2004–2009	—
G.E. Vahanvati	2009–2014	—
Mukul Rohatgi	2014–2017	First AG under Modi government
K.K. Venugopal	2017–2023	Oldest AG (91 when he stepped down), from Kerala
R. Venkataramani	2023–present	Current AG

Advocate General of States (Art. 165) — Comparison

The Advocate General is the highest law officer of a State, appointed under Article 165.

Feature	Attorney General (Art. 76)	Advocate General (Art. 165)
Appointed by	President	Governor of the State
Qualification	Qualified to be SC Judge	Qualified to be HC Judge (10 years as advocate of HC)
Tenure	Pleasure of President	Pleasure of Governor
Advises	Government of India	State Government
Court appearance	All courts in India	All courts in the State
Parliament/Legislature	Can attend both Houses of Parliament	Can attend proceedings of State Legislature
Voting right	No	No
Constitutional Article	Art. 76	Art. 165
Number	1 for entire country	1 per State

Solicitor General and Additional Solicitor General

Officer	Detail
Solicitor General	Second-highest law officer; assists the AG; not a constitutional post (statutory)
Additional Solicitor General	Assists the AG and SG; multiple can be appointed
Appointment	By the Government (not constitutional)
Current SG	Tushar Mehta (as of 2024)

Key Differences: AG vs Solicitor General

Aspect	Attorney General	Solicitor General
Nature	Constitutional post (Art. 76)	Statutory/executive post
Appointment	By President	By Government
Mentioned in Constitution	Yes	No
Can private practice	Yes (with restrictions)	Yes (with restrictions)
Rank	Highest law officer	Second-highest law officer

Important Points for PSC Exams

1. The AG is not a member of the Cabinet and does not attend Cabinet meetings as a right
2. The AG is not debarred from private legal practice (unlike judges)
3. The AG does not receive a salary but gets a retainer fee and case-wise fees
4. The AG resigns when the government changes (convention, not constitutional requirement)
5. There is no provision for removal — only “holds office during pleasure of the President”
6. The AG can be from any state — no domicile requirement
7. K.K. Venugopal was the first Keralite to serve as Attorney General

Frequently Asked PSC Questions

Q1. Under which Article is the Attorney General of India appointed? Ans: Article 76

Q2. Who was the first Attorney General of India? Ans: M.C. Setalvad

Q3. Can the Attorney General vote in Parliament? Ans: No, the AG can speak and participate but cannot vote

Q4. What is the equivalent of AG at the State level? Ans: Advocate General (Article 165)

Q5. Who appoints the Advocate General of a State? Ans: The Governor of the State