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Article 76

Attorney-General: Chief Legal Adviser to the Union Government

Official heading: “Attorney-General for India”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part V, Article 76, printed page 35
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1. In One Sentence

Article 76 provides for the appointment of the Attorney-General for India, who must be qualified to be a Supreme Court Judge, to advise the Union Government on legal matters and represent it in court.

2. What It Means in Everyday Language

Article 76 creates the constitutional office of the Attorney-General for India, the highest law officer in the country. The President appoints a person who meets the constitutional qualifications required to be appointed a Judge of the Supreme Court.

The primary duty of the Attorney-General is to advise the Government of India on complex legal questions, perform legal duties referred by the President, and represent the Union Government in major litigation before the Supreme Court and High Courts.

Clause (3) confers on the Attorney-General the right of audience in all courts across the territory of India. Unlike the British Attorney General, the Indian Attorney-General is not a political member of the Cabinet, but holds office during the pleasure of the President and traditionally resigns when the government changes.

3. Practical Illustrative Example

Everyday Scenario:

A Constitution Bench of the Supreme Court hears oral arguments in a presidential reference on federal distribution of powers.

Core takeaway: Under Article 76, the Attorney-General appears as the chief counsel representing the Union of India before the Court.
Illustrative Notice: The Attorney-General represents the Union, not private litigants against the Government, and exercises duties subject to the Law Officers (Conditions of Service) Rules.

4. Important Limits, Qualifications & Exceptions

Article 76 establishes the principal law officer of the Republic of India.

  • Qualification benchmark: Must be eligible for appointment as a Supreme Court Judge.
  • Right of audience: Entitled to appear and be heard in all courts across India.
  • Tenure during pleasure: Appointed and removed by the President on cabinet advice.
  • Complementary role: Participates in parliamentary debates without voting rights under Article 88.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 76, printed page 35 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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