Article 76 of Indian Constitution, Significance, Attorney General

Article 76 of Indian Constitution defines the role of the Attorney General of India, the country’s highest legal advisor. Appointed by the President, the Attorney General must be qualified to serve as a judge of the Supreme Court. The primary responsibilities include advising the Government of India on legal matters and representing it in court. The Attorney General has the right of audience in all Indian courts and holds office at the pleasure of the President. The President also determines the remuneration for the position.

Article 76 of Indian Constitution

(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.

(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

Attorney-General for India

Article 76 of Indian Constitution establishes the office of the Attorney General (AG) of India, the highest legal officer in the country. As the principal legal advisor to the Union Government, the Attorney General provides counsel on all legal matters and represents the government in the Supreme Court and High Courts. This constitutional position holds a vital role in shaping and guiding the Union Government’s legal processes, ensuring that its actions align with the law.

‹ ›

Article 76(1): Appointment of the Attorney General

The President of India appoints the Attorney General. To be eligible, a person must be qualified to serve as a Judge of the Supreme Court. This requires:

• Being a citizen of India
• Having served as a High Court judge for at least 5 years, or
• Having practiced as an advocate in a High Court for at least 10 years, or
• Being recognised by the President as an eminent jurist

Article 76(2): Duties of the Attorney General

The Attorney General advises the Government of India on legal matters and performs other duties assigned by the President. The role involves assisting in the interpretation of laws, shaping legal policy, and ensuring the Union Government’s actions align with the Constitution.

Article 76(3) & 76(4): Right of Audience and Tenure

Under Article 76(3), the Attorney General has the right to participate in court proceedings and speak in any court across the country. As per Article 76(4), the Attorney General holds office at the pleasure of the President, and their remuneration is also determined by the President.

Lists of Rights of Attorney General

Article 76 of the Indian Constitution, under Part V, grants the Attorney General specific rights and privileges to perform their duties effectively:

• Right of Audience – The Attorney General can appear and be heard in any court in India, including the Supreme Court and subordinate courts, on behalf of the Government of India.
• Participation in Parliament – They may attend and take part in the proceedings of both Houses of Parliament, including joint sessions and committee meetings (if nominated), but cannot vote.
• Parliamentary Privileges – The Attorney General enjoys the same privileges and immunities as Members of Parliament, as provided under Articles 105 and 194 of the Constitution.

Limitation on Functions of Attorney General

Article 76 of Indian Constitution also sets specific Limitation on Functions of Attorney General to avoid conflicts of interest and safeguard the integrity of the office. These limitations are meant to ensure that the Attorney General’s actions remain consistent with the Government of India’s interests:

• They may take part in the proceedings of both Houses of Parliament but do not have the right to vote.
• They must refrain from making statements contrary to the position of the Government of India.
• They cannot provide legal advice to any party engaged in litigation against the government.
• Accepting a directorship in a private company requires prior approval from the government.
• They are barred from defending individuals accused in criminal cases without the government’s consent.

Article 76 of Indian Constitution Significance

Under Article 76 of Indian Constitution, the Attorney General’s role extends far beyond offering legal opinions. The position actively supports the functioning of the government in several ways:

• Ensures that government actions comply with the Constitution, safeguards fundamental rights, and provides clarity on complex legal questions.
• Acts as a bridge between the two branches, promoting coordination and effective communication.
• Guides the government in framing and interpreting policies so they meet legal requirements.
• Represents India in critical cases before domestic and international courts, especially in matters of national importance.