Attorney-General

The Attorney-General (AG) is the principal legal officer of a sovereign state, constitutionally entrusted to advise the government on legal matters and to appear on its behalf before the highest courts. In India, the office is created by Article 76 of the Constitution, under which the President appoints a person qualified to be a Supreme Court judge as Attorney-General for India; the AG holds office during the pleasure of the President and receives such remuneration as the President determines. In Bangladesh, the office derives from Article 64 of the Constitution of 1972, which empowers the President to appoint a person qualified to be a judge of the Supreme Court as Attorney-General, who likewise holds office at the President's pleasure. In both jurisdictions the AG is a constitutional functionary, not an ordinary civil servant, and the post follows the British-derived parliamentary tradition of a politically aligned chief law officer.

The functions of the Attorney-General combine advisory and representational roles. The AG advises the government on legal questions referred by the President or the executive, performs duties of a legal character assigned to the office, and discharges functions conferred by the Constitution or other law. The AG enjoys a right of audience in all courts of the country and, in India under Article 88 and Article 105, may speak in and take part in the proceedings of both Houses of Parliament and their committees without a right to vote, while enjoying parliamentary privileges. Notably, the Indian Attorney-General is not a full-time government servant and is permitted private practice, though barred from advising or appearing against the government and from defending accused persons in criminal prosecutions without permission. The AG is assisted by the Solicitor-General and Additional Solicitors-General, who are statutory rather than constitutional appointees.

The office is distinct from the Advocate-General of a State (Article 165), who is the corresponding law officer at the state level. In Bangladesh, the Attorney-General leads a hierarchy of Additional Attorneys-General, Deputy and Assistant Attorneys-General. Because the AG holds office during pleasure, the post conventionally changes with the government: in India, the office has been held by figures such as M.C. Setalvad (the first AG, 1950–1963) and, as of 2026, R. Venkataramani, appointed in 2022. In Bangladesh, A.M. Amin Uddin served as Attorney-General until the change of government in 2024, after which Md. Asaduzzaman was appointed in August 2024. The AG does not enjoy security of tenure comparable to a judge, underscoring the office's political character.

For the exam, this term is tested in UPSC General Studies Paper II (polity and governance bodies) and in BCS Bangladesh Affairs, typically through questions comparing the AG with the Advocate-General, distinguishing constitutional versus statutory law officers, or asking which article creates the office. Candidates should memorise Article 76 (India) and Article 64 (Bangladesh), the qualification (eligibility to be a Supreme Court judge), the "pleasure of the President" tenure, and the AG's parliamentary rights without a vote. A common trap is conflating the AG with the Solicitor-General or assuming a fixed term.