Madhavi Gaur
September 06, 2023 01:48
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Attorney General of India : Learn about the role, duties, and history of the Attorney General of India, the chief legal advisor to the government and a key figure in the Indian legal system.
Attorney General of India: In accordance with Article 76(1) of the Constitution, the President of India is responsible for appointing the Attorney General of India, who serves at the discretion of the President. The Attorney General of India holds the crucial role of being the principal legal representative of the Central government before the Indian Supreme Court. The duties and responsibilities of the Attorney General are outlined in Article 76 of Part V of the Indian Constitution.
The Attorney General stands as the primary legal advisor to the Union Government and plays a pivotal role in representing the Indian government in the court of law. Their responsibility extends to defending the interests of the government.
K.K. Venugopal serves as the incumbent Attorney General of India, marking the 15th individual to hold this esteemed post. His appointment was made by President Pranab Mukherjee of India. Commencing his term on June 30, 2017, his tenure spans three years.
The selection process for the Attorney General should remain free from political considerations, ensuring a fair and impartial appointment. Distinguished Supreme Court lawyer R. Venkataramani has assumed the position of Attorney General of India, serving a tenure of three years.
R Venkataramani, a seasoned Supreme Court lawyer with 42 years of experience in India’s highest court, has been appointed as the Attorney General of India for a three-year term.
His legal journey began in 1977 when he registered with the Tamil Nadu Bar Council, and in 1979, he embarked on a professional journey with Senior Supreme Court Advocate PP Rao. In 1982, he established his solo practice in the Supreme Court, and his dedication to the legal profession earned him the prestigious title of Senior Advocate of the Supreme Court in 1997.
Throughout his illustrious career, R. Venkataramani has delved into various legal domains, including constitutional law, indirect tax law, human rights law, civil and criminal law, consumer law, and service-related legislation. His expertise caught the attention of international organizations when, in 2001, both the International Commission of Jurists and the UN High Commissioner for Human Rights invited him to present at their Geneva workshop. The workshop’s aim was to compile a report on the 1966 Optional Protocol to the International Covenants on Economic, Social, and Cultural Rights (ICESCR) for submission to the Human Rights Commission.
Venkataramani’s commitment to the legal field extended beyond India’s borders as he actively participated in ICESCR-related activities of the International Court of Justice in the Afro-Asian region. His dedication to the legal profession was further underscored when he joined the Law Committee in 2010 and subsequently returned in 2013 for another term.
In his new role as India’s Attorney General, Venkataramani will succeed K K Venugopal, assuming a vital position in the country’s legal landscape.
The appointment of the Attorney General (A-G) for India is governed by Article 76(1) of the Constitution, which outlines specific eligibility requirements. To be considered for the position of the A-G, an individual must possess the qualifications necessary for appointment as a Judge of the Supreme Court.
The Nature of Appointment and Tenure The appointment of the Attorney General is subject to the discretion of the President, as mentioned in Article 76(4). The A-G serves at the pleasure of the President and holds office based on the President’s will. Additionally, the remuneration for the Attorney General is determined by the President.
Illustrious Jurists Who Have Held the Position Over the course of India’s history, the role of the Attorney General has been held by some of the most distinguished legal minds in the country. Notably, the initial incumbents included eminent figures such as M C Setalvad and C K Daphtary, who left an indelible mark on the legal landscape.
Soli Sorabjee, a renowned jurist, had the honor of serving as the Attorney General on two separate occasions. His tenures spanned from 1989 to 1990, during the prime ministerships of V P Singh and Chandra Shekhar, and later from 1998 to 2004 under the leadership of Atal Bihari Vajpayee.
Another notable individual, Milon K Banerji, also held the position of Attorney General twice. His first term extended from 1992 to 1996, during the tenure of Prime Minister P V Narasimha Rao. Subsequently, he served a second term from 2004 to 2009 under the leadership of Prime Minister Manmohan Singh.
These illustrious jurists have contributed significantly to the legal system of India while holding the prestigious role of the Attorney General, playing a vital part in upholding the principles of justice and law in the nation.
The Attorney General of India is appointed by the President of India and is subject to specific eligibility criteria. To qualify for this esteemed position, the individual must be an Indian citizen and possess a minimum of 10 years of experience as a high court advocate or have served as a judge in any Indian state for at least 5 years. Alternatively, the President may also designate an individual as Attorney General if they are recognized as a prominent jurist.
Interestingly, the Constitution of India does not specify a fixed duration for the Attorney General’s appointment. Instead, the term of the Attorney General is left open-ended.
Similarly, when it comes to the removal procedure and grounds for removal, the Constitution remains silent. Consequently, the Attorney General serves at the pleasure of the President and can be removed from the position at any time, contingent upon the President’s discretion. Additionally, the Attorney General retains the option to tender a resignation letter to the President, thereby voluntarily stepping down from the position.
As for the remuneration of the Attorney General, there are no constitutional limitations in place. Instead, the compensation is determined by the President, allowing for a degree of flexibility in setting the Attorney General’s salary.
The Constitution of India accords a distinctive status to the role of the Attorney General. The Attorney General (A-G) is the foremost legal officer of the Government of India and is entitled to represent the government in all courts throughout the nation.
As outlined in Article 76(2) of the Constitution, the Attorney General is entrusted with the responsibility of providing legal counsel to the Government of India on various legal issues. Additionally, the Attorney General is assigned the duty of performing other legal functions as referred or designated by the President.
Furthermore, the A-G is entrusted with the responsibility of “fulfilling the functions assigned to him under this Constitution or any other prevailing law.”
In accordance with Article 88, the “Attorney-General of India is granted the privilege to address and actively engage in the proceedings of either House, any combined session of the Houses, and any parliamentary committee in which he may be designated as a member.” However, it is important to note that he does not possess the right to cast a vote in the House by virtue of this provision.
Unlike the A-G for England and Wales and the A-G of the United States, the Attorney General for India does not hold a position within the Cabinet.
The Attorney General of India, while holding a prestigious and influential position, does have certain limitations and constraints in the execution of their duties. Here are some key limitations:
The first Attorney General of India was M. C. Setalvad. He served as India’s first Attorney General from August 28, 1947, shortly after India gained independence, until March 1, 1951. M. C. Setalvad was a distinguished lawyer and played a significant role in shaping the legal and constitutional framework of the newly independent nation. He provided valuable legal counsel to the government during a crucial period in India’s history, helping to establish the foundations of the Indian legal system.
The Attorney General of India holds a significant position in the country’s legal and constitutional framework and plays a crucial role in providing legal advice to the government and representing the government in legal matters. Here is the list of all Attorney Generals of India from 1950 to the present time:
| Name of Attorney General of India | Tenure |
|---|---|
| M.C. Setalvad | 28 January 1950 – 1 March 1963 |
| C.K. Daftari | 2nd March 1963 – 30th October 1968 |
| Niren de | 1st November 1968 – 31st March 1977 |
| S.V. Gupte | 1st April 1977 – 8th August 1979 |
| L.N. Sinha | 9th August 1979 – 8th August 1983 |
| K. Parasaran | 9th August 1983 – 8th December 1989 |
| Soli Sorabjee | 9th December 1989 – 2nd December 1990 |
| J. Ramaswamy | 3rd December 1990 – 23rd November 1992 |
| Milon K. Banerji | 21st November 1992 – 8th July 1996 |
| Ashok Desai | 9th July 1996 – 6th April 1998 |
| Soli Sorabjee | 7th April 1998 – 4th June 2004 |
| Milon K. Banerjee | 5th June 2004 – 7th June 2009 |
| Goolam Essaji Vahanvati | 8th June 2009 – 11th June 2014 |
| Mukul Rohatgi | 12th June 2014 – 30th June 2017 |
| K.K. Venugopal | 30th June 2017 – 22nd September 2022 |
| R. Venkataramani | 1st October 2022 till date |
The appointment of the Attorney General of India rests with the President. The individual selected must be an Indian citizen and should have served as a judge for a minimum of five years in a state or ten years in a high court. The President may view the appointee as a distinguished jurist. The Constitution does not specify a fixed duration for the Attorney General’s tenure.
The process and grounds for removal of the Attorney General are also not explicitly outlined in the Constitution. As a result, these aspects are subject to the President’s discretion, allowing for potential dismissal at any time. Alternatively, the Attorney General can voluntarily resign by submitting a letter of resignation to the President. Regarding remuneration, there are no constitutional constraints, and the President has full authority in determining the Attorney General’s compensation.
Distinguishing itself from the Law Minister who oversees legal matters at the federal level, the Attorney General is not a member of the Central Cabinet. The Attorney General must adhere to certain limitations to avoid conflicts of interest.
Specifically, the Indian Attorney General is prohibited from making derogatory recommendations or statements about the Indian government. Furthermore, they should abstain from providing legal counsel to any ministry, department, statutory body, or public sector organization of the Indian government unless specifically requested by the Department of Legal Affairs within the Ministry of Law and Justice.
However, it’s important to note that the role of the Attorney General does not entail full-time legal counsel for the government. They are allowed to engage in private law practice. Yet, the Attorney General must obtain prior approval from the Government of India before representing any individual accused of an offense. Additionally, the Attorney General should refrain from accepting directorship positions in businesses or organizations.
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