“The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss.

Article 76 creates the Attorney-General for India — the highest law officer of the Union, appointed by the President from persons qualified to be a Supreme Court judge, holding office during the President's pleasure on remuneration the President determines.

Chief legal adviser

• He advises the Government of India on legal matters referred by the President and performs other duties of a legal character assigned to him.
• His opinions guide ministries on constitutional questions, legislative proposals and India's international legal obligations.

Lawyer of the Government

• He appears for the Union in the Supreme Court in all cases in which it is concerned, including Presidential references under Article 143 and major constitution-bench matters.
• Article 76(3) gives him a right of audience in all courts in the territory of India.
• Under Article 88 he may speak in either House and their committees without a right to vote, and he enjoys the privileges of an MP under Article 105(4).

The limits of the office

• He is not a full-time government servant: private practice is permitted, but by convention he cannot advise or hold a brief against the Government, cannot defend an accused in a criminal prosecution without permission, and cannot accept a company directorship without permission.
• He is not a member of the Cabinet, and by convention resigns when the government changes — underlining the political character of the appointment.
• The tension between professional independence and tenure 'during pleasure' surfaces whenever the office must defend contentious state action.

The Attorney-General thus combines counsel and advocate in a single constitutional office. Its real strength lies less in the text of Article 76 than in conventions of independence — giving candid advice to the government of the day while remaining, ultimately, an officer of the court and of the Constitution.