Attorney General
of India
Introduction
The Attorney General of India (AGI) is the highest law officer of the country, established directly under the Constitution of India. As the Chief Legal Advisor to the Government of India, the AGI plays a pivotal role at the intersection of law, governance, and constitutional interpretation.
Unlike most constitutional functionaries, the AGI occupies a uniquely dual position — a constitutional advisor to the executive while also retaining the status of a practicing advocate, not a government servant. This makes the office intellectually independent in character even while politically dependent in appointment.
- Constitutional Article: Article 76 of the Constitution of India
- Status: Highest Law Officer of India; constitutional body (Part V — Union Executive)
- Appointed by: President of India
- Part of: Union Executive (along with President, VP, PM, Council of Ministers)
- First Attorney General: Motilal Chimanlal Setalvad (served 1950–1963)
- Headquarters: New Delhi (as per Law Officers (Conditions of Service) Rules, 1987)
- Not a member of: Cabinet (a separate Law Minister handles legal matters at the government level)
- Not a government servant: AGI is not debarred from private legal practice
The Attorney General embodies a structural tension in constitutional design: a figure who must provide independent legal advice to the government, yet is appointed at the President’s pleasure on the advice of the very government being advised. This tension between professional independence and political accountability defines much of the debate around this office.
Constitutional Provisions
| Article | Subject Matter | Key Content |
|---|---|---|
| Article 76 | Attorney General of India | Creates the office; appointment by President; qualifications (same as SC judge); duties; term; removal at pleasure of President |
| Article 88 | Rights of AGI in Parliament | AGI has the right to speak and take part in proceedings of both Houses of Parliament, joint sittings, and any committee of Parliament of which he is a member — but without a right to vote |
| Article 105 | Privileges & Immunities | AGI enjoys all powers, privileges, and immunities available to a Member of Parliament while performing his official duties |
| Article 143 | Advisory Jurisdiction of SC | AGI represents the Government of India in any reference made by the President to the Supreme Court under Article 143 |
Article 76 places the AGI within the Union Executive. The Union Executive consists of: (1) The President, (2) The Vice-President, (3) The Prime Minister, (4) The Council of Ministers, and (5) The Attorney General of India. However, the AGI is not a member of the Council of Ministers — he is not a Cabinet minister. There is a separate Law Minister for legal matters at the governmental/administrative level.
Appointment
- The AGI is appointed by the President of India under Article 76(1)
- In practice, the appointment is made on the advice of the Council of Ministers (i.e., effectively the Prime Minister’s recommendation)
- There is no independent selection committee, collegium, or parliamentary confirmation process — the appointment is entirely at executive discretion
- By convention, a senior advocate of the Supreme Court with significant constitutional law expertise is appointed
The AGI must be a person qualified to be appointed as a Judge of the Supreme Court — this is the constitutional qualification standard set under Article 76(1).
Since the AGI is appointed on the advice of the Council of Ministers and holds office at the President’s pleasure, there is a conventional practice of the AGI resigning when a new government takes office — even though no law mandates this. This makes the AGI’s appointment politically contingent, raising questions about the independence of legal advice given to the government.
Eligibility & Qualifications
To be appointed as Attorney General of India, a person must be qualified to be appointed as a Judge of the Supreme Court (Article 76). This means the person must satisfy all three of the following conditions:
- Citizenship: Must be a citizen of India
- Must satisfy one of these three conditions:
- Has been a Judge of a High Court for at least 5 years, OR
- Has been an Advocate of a High Court for at least 10 years, OR
- Is, in the opinion of the President, a distinguished jurist
Note that the High Court advocate route requires 10 years, not 5. The High Court judge route requires only 5 years. The distinguished jurist route has no specific time requirement — it is at the President’s subjective assessment. In practice, most AGs have been leading Senior Advocates of the Supreme Court with decades of experience.
The qualification standard ties the AGI’s eligibility directly to judicial standards — ensuring a minimum level of legal expertise. However, unlike the judiciary which has a collegium for appointments, the AGI is selected purely by the executive. This creates a paradox: judicial-standard qualifications + executive-controlled appointment = professional competence without professional independence.
Tenure & Remuneration
Tenure
- The tenure of the AGI is not fixed by the Constitution — unlike the CAG (6 years/65), CEC (6 years/65), or SC Judges (65 years)
- The AGI holds office during the pleasure of the President (Article 76(4))
- By convention, the AGI resigns when the government (Council of Ministers) changes — since he is appointed on the advice of the outgoing government
Remuneration
- The remuneration of the AGI is not fixed by the Constitution
- He receives such remuneration as determined by the President
- The remuneration is not charged to the Consolidated Fund of India (unlike CAG salary) — it is determined and paid as fixed by the executive
| Office | Tenure | Removal | Security Level |
|---|---|---|---|
| Attorney General of India | No fixed term — at President’s pleasure | Anytime by President; no parliamentary process | Very Low |
| Chief Election Commissioner | 6 years or 65, whichever earlier | Same as SC Judge (special majority, both Houses) | Very High |
| CAG | 6 years or 65, whichever earlier | Same as SC Judge | Very High |
| Supreme Court Judge | Until age 65 | Special majority, both Houses of Parliament | Very High |
| Advocate General (State) | No fixed term — at Governor’s pleasure | Anytime by Governor | Very Low |
The lack of fixed tenure for the AGI is a deliberate constitutional choice — the position is advisory and political in nature, meant to serve the government of the day, unlike judicial or quasi-judicial offices.
Removal & Resignation
Removal
- The Constitution does not specify any formal procedure or grounds for the removal of the AGI
- The AGI holds office during the pleasure of the President — meaning the President can remove him at any time, without giving reasons
- No parliamentary process, no special majority, no inquiry required — complete executive discretion
Resignation
- The AGI may resign by submitting his resignation to the President of India
- Constitutional convention: The AGI resigns when the government (Council of Ministers) resigns or is replaced — since he is appointed on the advice of that government
- This convention reflects the political character of the office
- AGI removed: At pleasure of President — no formal procedure, no parliamentary process
- CAG removed: Same as SC Judge — special majority in both Houses of Parliament
- CEC removed: Same as SC Judge — special majority in both Houses of Parliament
- EC (Election Commissioner) removed: On recommendation of CEC (weaker protection)
- Governor removed: At pleasure of President
Duties & Functions
A. As Chief Legal Advisor (Article 76(2))
- To advise the Government of India on such legal matters as are referred to him by the President
- To perform such other duties of a legal character as are assigned to him by the President
- To discharge the functions conferred on him by the Constitution or any other law
The AGI should not advise any Ministry, Department, Statutory Organisation, or PSU directly unless the proposal or reference is received through the Ministry of Law and Justice, Department of Legal Affairs. All legal references to the AGI must be routed through the Law Ministry — ensuring a structured and accountable legal advice process.
B. Representation in Courts (Assigned by President)
- To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned
- To represent the Government of India in any reference made by the President to the Supreme Court under Article 143 (advisory jurisdiction)
- To appear in any High Court in any case in which the Government of India is concerned, when required by the Government
C. Right of Audience (General)
- The AGI has the Right of Audience in all courts in the territory of India — making him the only law officer with this universal right of appearance
When the President makes a reference to the Supreme Court under Article 143 (advisory/presidential reference), the AGI represents the Government of India in those proceedings. This is one of the most significant constitutional roles of the AGI — appearing in matters of highest constitutional importance where the President seeks the SC’s opinion.
Rights & Privileges
⚖ Right of Audience
- Has the right of audience in all courts in the territory of India
- This is while performing official duties
- Makes AGI the supreme courtroom representative of the Union government
🏛 Right in Parliament
- Right to speak and take part in proceedings of both Houses of Parliament
- Right to participate in joint sittings of Parliament
- Right to speak in any committee of Parliament of which he is a member
- No right to vote in any of these proceedings
🛡 Parliamentary Privileges
- Enjoys all privileges and immunities available to a Member of Parliament
- Constitutional basis: Article 105
- Freedom of speech in parliamentary proceedings
- Protection from legal proceedings for things said in Parliament
The AGI has a paradoxical status: he is not a Member of Parliament, yet enjoys parliamentary privileges and the right to participate in parliamentary proceedings (without voting). He is not a judge, yet has Right of Audience in all courts in India. He is not a government servant, yet represents the Union government in the highest courts of the land. This unique composite status makes the AGI one of the most constitutionally distinctive offices — a bridge between the executive, legislature, and judiciary.
Limitations & Restrictions
To avoid conflict of duty and complications, the following limitations are placed on the AGI:
- Cannot advise or hold brief against the Government of India
- Cannot advise or hold brief in cases in which he is called upon to advise or appear for the Government of India
- Cannot defend accused persons in criminal prosecutions without the permission of the Government of India
- Cannot accept an appointment as a Director in any company or corporation without the permission of the Government of India
- Should not advise any Ministry/Department/Statutory Organisation/PSU unless the reference is received through the Ministry of Law and Justice, Department of Legal Affairs
The AGI is NOT a full-time counsel for the Government of India. He does not fall into the category of Government Servants. Consequently, he is not debarred from private legal practice — subject to the above restrictions. This is a fundamental distinction from other constitutional functionaries like the CAG or CEC, who cannot hold any other office.
The fact that the AGI is permitted to engage in private legal practice while serving as the government’s chief legal advisor creates a structural conflict of interest. Private clients may include corporate entities, individuals, or interests that could indirectly be adverse to the government’s position. While explicit rules prevent appearing against the government, the broader question of professional independence versus institutional loyalty is a persistent concern in this office.
Solicitor General of India
- The Solicitor General of India is the second highest law officer in the country, after the AGI
- The AGI is assisted by the Solicitor General of India and several Additional Solicitors General of India in fulfilling official responsibilities
- The Solicitor General and Additional Solicitors General also advise the Union Government and appear on behalf of the Union in the Supreme Court and High Courts
- The AGI is a constitutional post — established under Article 76
- The Solicitor General and Additional Solicitors General are statutory posts — NOT mentioned in the Constitution
- The Solicitor General’s office is created by statute/executive order — not a constitutional body
- Similarly, the Advocate General of a State (Article 165) is a constitutional post at the State level
Comparison: AGI vs Solicitor General vs Advocate General
| Feature | Attorney General of India | Solicitor General of India | Advocate General (State) |
|---|---|---|---|
| Constitutional Status | Constitutional post (Article 76) | Statutory post — NOT in Constitution | Constitutional post (Article 165) |
| Level | Union (Central Government) | Union (Central Government) | State Government |
| Appointing Authority | President of India | President of India (executive order) | Governor of the State |
| Rank / Hierarchy | 1st — Highest Law Officer of India | 2nd — assists AGI | Highest Law Officer of the State |
| Parliamentary Rights | Right to speak in both Houses (no vote) — Article 88 | No parliamentary rights | Right to speak in State Legislature (no vote) — Article 177 |
| Parliamentary Privileges | Yes — Article 105 | No constitutional provision | Yes — Article 194 (equivalent) |
| Tenure | At President’s pleasure — no fixed term | At government’s discretion | At Governor’s pleasure — no fixed term |
| Private Practice | Permitted (with restrictions) | Permitted (with restrictions) | Permitted (with restrictions) |
| Government Servant? | No | No | No |
| Courts covered | All courts in India (Right of Audience) | Supreme Court & High Courts | Courts in the State |
The Constitution creates a federal symmetry in legal officership: Article 76 (AGI) mirrors Article 165 (Advocate General of State). Both are constitutional posts; both are appointed by the corresponding executive (President/Governor); both hold office at pleasure; both can participate in parliamentary/legislative proceedings without voting; and both enjoy corresponding parliamentary privileges. The Solicitor General, by contrast, has no constitutional mention — it is a subordinate statutory creation.
Role in Governance & Judiciary Interface
Legal Backbone of the Executive
- The AGI ensures that all significant government actions have a sound legal basis before implementation
- Advises on the constitutional validity of proposed legislation, executive orders, and policy decisions
- Plays a crucial role in framing government’s legal strategy in major constitutional litigation
Interface Between Executive and Judiciary
- In Presidential References under Article 143, the AGI presents the government’s view before the SC in matters of constitutional importance
- Represents the Union in cases involving fundamental rights challenges, federalism disputes, and constitutional amendments
- The AGI’s arguments often shape the interpretation of constitutional provisions — with lasting jurisprudential impact
Interface with Parliament
- Can participate in parliamentary proceedings and committees — enabling direct legal input into the legislative process
- Provides constitutional clarity to Parliament on proposed bills when invited
- This participation (without voting) ensures that constitutional advisor perspectives are available to both the legislature and the executive
Notable Historical Contributions
- M.C. Setalvad (1950–1963): First AGI; helped establish the foundational jurisprudence of independent India during the Nehru era
- C.K. Daphtary (1963–1968): Served during the period of the Golak Nath case (1967) — a watershed in constitutional law on fundamental rights
- Niren De (1968–1977): Defended the government’s position during the Emergency (1975) — among the most controversial phases of AGI’s history
- Soli Sorabjee (twice — 1989–90, 1998–2004): Distinguished human rights lawyer; argued landmark cases; served under two different political dispensations
- K.K. Venugopal (2017–2023): Longest-serving recent AGI; argued in the Aadhaar case, Article 370 case, Ayodhya case, and many constitutional bench matters
Issues & Criticism
🔴 Political Appointment
- Appointed entirely on executive discretion — no independent panel
- Resigns with change of government — political character
- AGI perceived as government’s lawyer rather than independent constitutional advisor
- Risk of political bias in legal advice
⚖ Dual Role Conflict
- Permitted to do private practice while serving as Chief Law Officer
- Private clients may have interests adverse to government positions
- Creates structural conflict of interest
- No fully effective “Chinese Wall” between private and government work
🏛 No Fixed Tenure
- Holds office at President’s pleasure — can be removed anytime
- Creates incentive for sycophantic rather than bold legal advice
- Contrast: CAG and CEC have fixed protected tenure ensuring genuine independence
- Short tenures disrupt institutional continuity
📋 Lack of Transparency
- No codified appointment criteria
- Remuneration not fixed — determined by President
- No public accountability mechanism
- Legal advice given to government is not publicly disclosed (privilege)
⚠ Emergency-Era Concern
- Historical example: During the Emergency (1975), the AGI defended positions widely regarded as unconstitutional
- Shows risk when AGI lacks professional independence
- The legal voice of government becomes complicit in executive overreach
🔍 Not Full-Time
- AGI is not a full-time government servant
- May not be fully available during government’s most critical legal needs
- Relies on SG and Additional SGs for day-to-day court appearances
Reforms & Suggestions
- ✔ Transparent Appointment Process: Establish an independent selection panel (similar to CAG/CEC model) involving PM, Leader of Opposition, and CJI — to depoliticise the appointment
- ✔ Codified Eligibility Criteria: Specify minimum years of Supreme Court practice or constitutional law experience in statute
- ✔ Fixed Tenure: Consider a fixed non-renewable term (e.g., 3–5 years) to provide independence — especially so the AGI does not resign with every change of government
- ✔ Restrict Private Practice: Make the AGI a full-time constitutional officer — barring private practice during tenure to eliminate conflict of interest
- ✔ Clear Code of Conduct: Statutory code governing independence of legal advice, conflict of interest disclosures, and restrictions on accepting private briefs in government-adjacent areas
- ✔ Strengthen Solicitor General’s Office: Since AGI is not full-time, the Solicitor General and Additional SGs carry the day-to-day government litigation — better statutory framework and resources needed
- ✔ Fixed Remuneration: Parliamentary determination of AGI’s remuneration (charged to CFI like CAG) would insulate from executive control on pay
The core reform needed is to resolve the fundamental contradiction of the office: a constitutionally defined advisor with politically contingent tenure. Without tenure security, the AGI cannot give bold legal advice that challenges the government’s preferred positions. The ideal AGI is not the government’s advocate but its constitutional conscience — and that requires institutional independence, not just legal expertise.
PYQ-Based Insights
High-Frequency Themes
- Constitutional status — Article 76; part of Union Executive
- Eligibility — SC Judge standard; HC judge 5 yrs / HC advocate 10 yrs / distinguished jurist
- Parliament rights — speak in both Houses, no vote; Article 88; Article 105 privileges
- Solicitor General — statutory (not constitutional); second highest law officer
- Limitations — cannot advise against government; cannot defend accused without permission; permitted private practice
- Comparison — AGI vs Advocate General (State) — federal symmetry of Articles 76 and 165
Mains Answer Framework
Universal Structure
- Intro: Define AGI + Article 76 + “highest law officer” + unique position in Union Executive
- Body: Appointment → Functions → Rights → Limitations → Comparison → Issues
- Conclusion: Need to balance independence with accountability; reform suggestions
Sample Question 1
Introduction
The Attorney General of India, established under Article 76, occupies a unique constitutional position — serving as the Chief Legal Advisor to the Government of India and the Union’s primary representative in the Supreme Court. However, appointed entirely at the President’s pleasure on executive advice with no fixed tenure, the AGI’s independence is structurally constrained — making the office both constitutionally eminent and politically contingent.
As Legal Advisor
The AGI advises the government on all significant legal matters referred by the President, represents the Union in the Supreme Court (including Article 143 presidential references), and enjoys a right of audience in all courts across India. Constitutional qualifications (same as SC judge) ensure legal competence. Parliamentary participation rights (Article 88) further enable the AGI to contribute to the legislative process — making the office a true bridge between the executive, judiciary, and legislature.
As Political Appointee
The AGI is appointed entirely on executive discretion, holds office at the President’s pleasure, has no fixed tenure, and by convention resigns with each change of government. Remuneration is also determined by the President — not by Parliament. This creates an incentive for the AGI to align legal advice with the government’s political preferences rather than providing frank constitutional counsel. The Emergency period (1975) stands as a historical warning of what happens when the AGI prioritises political loyalty over constitutional integrity.
Conclusion
A fixed non-renewable tenure, transparent appointment mechanism, and restriction on private practice would resolve this tension — enabling the AGI to function as the government’s constitutional conscience rather than its political advocate. The office must evolve from being merely the government’s lawyer to becoming India’s truly independent constitutional advisor.
Sample Question 2
Introduction
The Constitution creates a deliberate federal symmetry between the Attorney General of India (Article 76) at the Union level and the Advocate General of a State (Article 165) at the State level — ensuring both the Union and State governments have constitutionally recognised chief legal advisors.
Constitutional Symmetry
Both are constitutional posts — not statutory creations. Both are appointed by the corresponding executive head (President for AGI; Governor for AG). Both hold office at the pleasure of their respective appointing authority — no fixed tenure, no formal removal procedure. Both can participate in the proceedings of their respective legislature (Parliament/State Legislature) without the right to vote (Articles 88 and 177 respectively). Both enjoy the parliamentary/legislative privileges of the corresponding legislature (Articles 105 and 194). Both are permitted to engage in private legal practice with restrictions.
Key Difference
The AGI has the right of audience in all courts in India; the AG (State) typically operates within the courts of that State. The AGI is assisted by the Solicitor General (statutory post); the AG (State) has no constitutionally equivalent assistant. The AGI is part of the Union Executive; the AG (State) is part of the State Executive.
Conclusion
This symmetry reflects the Constitution’s federal design — ensuring equal access to constitutional legal counsel at both levels of government. Reforms to strengthen one should ideally be mirrored at the other.
Diagrams & Flowcharts
Conclusion & Way Forward
The Attorney General of India stands at a unique constitutional intersection — the legal voice of the government in India’s courts, a participant in Parliament without a vote, and a constitutional figure who is yet not a government servant. This composite identity makes the office both powerful and paradoxical.
The office has produced some of India’s finest legal minds — M.C. Setalvad, Soli Sorabjee, K.K. Venugopal — who have helped shape constitutional jurisprudence. Yet the absence of tenure security and the permission for private practice creates a structural vulnerability: the AGI’s independence is dependent on the integrity of the individual appointee rather than ensured by institutional design.
Way Forward
- ✔ Transparent Multi-stakeholder Appointment: Independent panel (PM + LoP + CJI) to depoliticise the appointment process
- ✔ Fixed Non-renewable Tenure: 3–5 year term with constitutional protection — breaks the cycle of political replacement with change of government
- ✔ Full-time Status: Prohibit private practice during tenure — make AGI a full-time constitutional officer on par with other independent offices
- ✔ Codified Remuneration: Fix remuneration by Parliament (charged to CFI) to prevent executive manipulation
- ✔ Statutory Code of Conduct: Conflict of interest rules, disclosure requirements, and independence protocols
- ✔ Strengthen the SG’s Office: The Solicitor General bears most day-to-day government litigation — needs adequate statutory framework and resources
The test of a democracy is not only whether it holds elections, but whether its institutions give honest advice to power. The Attorney General’s role is to tell the government what the law is, not what the government wants it to be. That requires not just legal brilliance but institutional courage — and institutional courage requires institutional protection. Reforming the AGI’s office is not merely a legal housekeeping measure; it is an investment in the rule of law and the constitutional accountability of the executive.
Collapsible FAQs
Structurally, no. The AGI has no fixed tenure, holds office at the President’s pleasure, is appointed entirely on executive discretion, and by convention resigns when the government changes. Unlike the CAG or CEC — who have fixed tenures, salary charged to the Consolidated Fund, and removal only through parliamentary impeachment — the AGI has none of these independence safeguards. Functionally, it depends on the individual. Several AGs (Soli Sorabjee, K.K. Venugopal) have demonstrated professional independence despite political appointment. However, structural independence requires institutional design, not individual integrity. The current setup prioritises responsiveness to the government of the day over independent constitutional counsel.
No. Under Article 88 of the Constitution, the AGI has the right to speak and take part in the proceedings of both Houses of Parliament, any joint sitting, and any committee of Parliament of which he is a member. However, he does NOT have the right to vote in any of these proceedings. He enjoys parliamentary privileges under Article 105 (same as an MP) but does not have the status of a Member of Parliament and cannot vote on legislation or other parliamentary matters. The same principle applies to the Advocate General of a State in the State Legislature (Article 177).
The key differences: (1) Rank: AGI is the 1st and highest law officer; Solicitor General is the 2nd highest; (2) Constitutional status: AGI is a constitutional post (Article 76); Solicitor General is a statutory post — not mentioned in the Constitution; (3) Function: The Solicitor General assists the AGI in fulfilling official responsibilities and also advises the Union Government and appears in the Supreme Court and High Courts on behalf of the Union of India; (4) Parliamentary rights: AGI has the right to speak in both Houses of Parliament (Article 88) and parliamentary privileges (Article 105); Solicitor General has no such constitutional rights; (5) Appointment: Both are appointed by the President, but the AGI’s appointment is constitutionally mandated; the SG’s appointment is by executive/statutory order.
The Constitution deliberately did not fix the AGI’s tenure because the office is conceived as a political-legal advisor serving the government of the day — unlike quasi-judicial or audit offices (CAG, CEC) which require insulation from political change. The AGI, like a government’s lawyer, must have the confidence of the government it advises — hence flexibility in tenure is built in. Is this a problem? Yes, in practice — it means the AGI cannot give advice that contradicts the government without risk of removal, compromising the quality of independent legal counsel. The convention of resignation with change of government further politicises the office. A fixed non-renewable term would provide greater independence without completely removing the government’s ability to have an advisor it trusts.
Yes, with restrictions. The AGI is not a full-time government servant and is not debarred from private practice. However, the following restrictions apply: (1) Cannot advise or hold a brief against the Government of India; (2) Cannot advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India; (3) Cannot defend accused persons in criminal prosecutions without the permission of the Government of India; (4) Cannot accept a directorship in any company or corporation without government permission; (5) Cannot advise any Ministry/PSU/Statutory body unless the reference comes through the Ministry of Law and Justice. This permission for private practice has been criticised as creating a structural conflict of interest — the AGI’s private clients may have interests adjacent to or indirectly adverse to government positions.
Both are constitutional posts — but at different levels of the federal structure. AGI (Article 76): Union level; appointed by President; serves the Government of India; appears in all courts of India (right of audience in all courts); participates in Parliament (both Houses); enjoys MP privileges. Advocate General (Article 165): State level; appointed by Governor; serves the State Government; appears in courts within the State; participates in State Legislature; enjoys State Legislature member privileges. Key structural symmetry: same appointment process (executive head), same tenure (pleasure of appointing authority), same nature (not a government servant, private practice allowed with restrictions), same parliamentary participation model (speak but not vote). The primary difference is the level — Union vs State — and the scope of the right of audience.
The first Attorney General of India was Motilal Chimanlal Setalvad, who served from 1950 to 1963 — spanning the entire Nehru era. He was a distinguished lawyer and legal statesman who played a foundational role in establishing the jurisprudence of independent India, helping to define the constitutional relationship between fundamental rights and the state in the early years of the Republic. His tenure remains the longest of any AGI — 13 years — demonstrating what institutional continuity can achieve when the convention of resignation with change of government is not rigidly followed.
Article 143 gives the President the power to refer any question of law or fact of public importance to the Supreme Court for its advisory opinion (Presidential Reference). When such a reference is made, the AGI represents the Government of India before the Supreme Court in those proceedings. These are among the most constitutionally significant cases — involving interpretation of fundamental constitutional questions. Notable Article 143 references have included the Cauvery Water Disputes, questions of constitutional amendments, and other matters of national importance. This role makes the AGI a key participant in shaping the Supreme Court’s advisory jurisprudence — a responsibility that requires the highest levels of constitutional scholarship and independence.
