Attorney General of India
Constitutional of Attorney General
ARTICLE 76
- The President shall appoint a person who is qualified to be appointed a Judge of The Supreme Court to be Attorney-General for India.
- 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.
- In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India.
- The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.
Article 88
- Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.
APPOINTMENT AND TERM
- The Attorney General (AG) is appointed by the president. He must be a person who is qualified to be appointed a judge of the Supreme Court.
- In other words, he must be a citizen of India and he must have been a judge of some High Court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the president.
- The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal.
- He holds office during the pleasure of the president. This means that he may be removed by the president at any time. He may also quit his office by submitting his resignation to the president.
- Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
- The remuneration of the AG is not fixed by the Constitution. He receives such remuneration as the president may determine.
DUTIES AND FUNCTIONS
As the chief law officer of the Government of India, the duties of the AG include the following:
- To give advice to the Government of India upon such legal matters, which are referred to him by the president.
- To perform such other duties of a legal character that are assigned to him by the president.
- To discharge the functions conferred on him by the Constitution or any other law.
The president has assigned the following duties to the AG:
- 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 of the Constitution.
- To appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned.
RIGHTS AND LIMITATIONS
- In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.
- Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote.
- He enjoys all the privileges and immunities that are available to a member of Parliament.
- Following limitations are placed on the Attorney General in order to avoid any complication and conflict of duty:
- He should not advise or hold a brief against the Government of India.
- He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India.
- He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
- He should not accept appointment as a director in any company or corporation without the permission of the Government of India.
However, the Attorney General is not a full-time counsel for the Government. He does not fall in the category of government servants. Further, he is not debarred from private legal practice.
The Attorneys General for India since independence are listed below
| Attorney General | Term | Incumbent Prime Minister |
| M. C. Setalvad | 28 January 1950 – 1 March 1963 | Jawaharlal Nehru |
| C. K. Daphtary | 2 March 1963 – 30 October 1968 | Jawaharlal Nehru; Lal Bahadur Shastri |
| Niren De | 1 November 1968 – 31 March 1977 | Indira Gandhi |
| S. V. Gupte | 1 April 1977 – 8 August 1979 | Morarji Desai |
| L. N. Sinha | 9 August 1979 – 8 August 1983 | Indira Gandhi |
| K. Parasaran | 9 August 1983 – 8 December 1989 | Indira Gandhi; Rajiv Gandhi |
| Soli Sorabjee | 9 December 1989 – 2 December 1990 | V. P. Singh; Chandra Shekhar |
| G. Ramaswamy | 3 December 1990 – 23 November 1992 | Chandra Shekhar; P. V. Narasimha Rao |
| Milon K. Banerji | 21 November 1992 – 8 July 1996 | P. V. Narasimha Rao |
| Ashok Desai | 9 July 1996 – 6 April 1998 | H. D. Devegowda; Inder Kumar Gujral |
| Soli Sorabjee | 7 April 1998 – 4 June 2004 | Atal Bihari Vajpayee |
| Milon K. Banerji | 5 June 2004 – 7 June 2009 | Manmohan Singh |
| Goolam Essaji Vahanvati | 8 June 2009 – 11 June 2014 | Manmohan Singh |
| Mukul Rohatgi | 19 June 2014 – 18 June 2017 [14] | Narendra Modi |
| K. K. Venugopal | 1 July 2017 – | Narendra Modi |
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The Attorney General of India is the chief legal advisor to the Government of India. He is also the head of the Indian bar and the highest-ranking law officer in the country. The Attorney General is appointed by the President of India on the advice of the Prime Minister. He holds office during the pleasure of the President.
The Attorney General is a member of the Union Cabinet and has the right to speak in Parliament. He can also appear in any court of law in India on behalf of the Government of India. The Attorney General is assisted by a team of Additional Attorneys General and Solicitors General.
The Attorney General’s office is located in New Delhi. The current Attorney General of India is K. K. Venugopal.
Appointment of Attorney General
The Attorney General is appointed by the President of India on the advice of the Prime Minister. The appointment is made after consultation with the Justice-of-india/”>Chief Justice of India. The Attorney General must be a person who is qualified to be a judge of the Supreme Court of India.
Powers and functions of Attorney General
The Attorney General has the following powers and functions:
- To give legal advice to the Government of India on all matters of law.
- To represent the Government of India in all courts of law in India.
- To appear on behalf of the Government of India in any international tribunal or court.
- To advise the Government of India on the drafting of legislation.
- To conduct prosecutions on behalf of the Government of India.
- To perform such other duties as may be assigned to him by the President of India.
Duties of Attorney General
The Attorney General is the chief legal advisor to the Government of India. He is also the head of the Indian bar and the highest-ranking law officer in the country. The Attorney General has the following duties:
- To give legal advice to the Government of India on all matters of law.
- To represent the Government of India in all courts of law in India.
- To appear on behalf of the Government of India in any international tribunal or court.
- To advise the Government of India on the drafting of legislation.
- To conduct prosecutions on behalf of the Government of India.
- To perform such other duties as may be assigned to him by the President of India.
Remuneration of Attorney General
The Attorney General is paid a salary of Rs. 2.5 lakh per month. He is also entitled to a number of allowances, including a house rent allowance, a medical allowance, and a travel allowance.
Removal of Attorney General
The Attorney General can be removed from office by the President of India on the advice of the Prime Minister. The Attorney General can also resign from office at any time.
Immunities and privileges of Attorney General
The Attorney General enjoys a number of immunities and privileges, including immunity from arrest and detention, immunity from suit and prosecution, and the right to free legal aid.
Relationship between Attorney General and Government of India
The Attorney General is the chief legal advisor to the Government of India. He is also a member of the Union Cabinet. The Attorney General is responsible to the Government of India for the advice he gives and the actions he takes.
Relationship between Attorney General and other law officers
The Attorney General is the head of the Indian bar. He is also the highest-ranking law officer in the country. The Attorney General has a supervisory role over all other law officers in the country.
Relationship between Attorney General and the judiciary
The Attorney General is the chief legal advisor to the Government of India. He is also the head of the Indian bar. The Attorney General has a close relationship with the judiciary. He appears on behalf of the Government of India in all courts of law in India. He also advises the Government of India on the appointment of judges to the Supreme Court and the High Courts.
Attorney General’s role in Public Interest Litigation
The Attorney General can initiate public interest litigation (PIL) on behalf of the Government of India. He can also appear in PILs filed by private individuals or organizations. The Attorney General has played a significant role in PILs relating to environmental protection, Human Rights, and social justice.
Attorney General’s role in international law
The Attorney General represents the Government of India in all international Tribunals and courts. He also advises the Government of India on international law. The Attorney General has played a significant role in the negotiation and conclusion of a number of international treaties and agreements.
1. What is the role of the Attorney General of India?
The Attorney General of India is the chief legal advisor to the Government of India. He or she is also the principal law officer of the Government of India and represents the Government of India in all courts in India.
2. How is the Attorney General of India appointed?
The Attorney General of India is appointed by the President of India on the advice of the Prime Minister.
3. What are the qualifications for the post of Attorney General of India?
A person to be appointed as the Attorney General of India must be a citizen of India and must have been a judge of the Supreme Court of India or of a High Court for at least five years or must have been an advocate of a High Court for at least ten years.
4. What are the powers and functions of the Attorney General of India?
The Attorney General of India has the following powers and functions:
- To give legal advice to the Government of India on all matters of law.
- To represent the Government of India in all courts in India.
- To conduct all litigation on behalf of the Government of India in the Supreme Court.
- To appear on behalf of the Government of India in any proceeding before any tribunal or other authority constituted by or under any law.
- To perform such other duties as may be assigned to him or her by the President of India.
5. What is the tenure of the Attorney General of India?
The Attorney General of India holds office during the pleasure of the President of India.
6. What is the salary and allowances of the Attorney General of India?
The salary and allowances of the Attorney General of India are determined by the President of India.
7. What are the perks and privileges of the Attorney General of India?
The Attorney General of India enjoys the following perks and privileges:
- He or she is entitled to a residence at the expense of the Government of India.
- He or she is entitled to a motor car with driver at the expense of the Government of India.
- He or she is entitled to a telephone at the expense of the Government of India.
- He or she is entitled to a medical allowance at the expense of the Government of India.
- He or she is entitled to a travel allowance at the expense of the Government of India.
- He or she is entitled to a pension at the rate of one-half of his or her salary on retirement.
8. What are the criticisms against the office of the Attorney General of India?
The office of the Attorney General of India has been criticized on the following grounds:
- The Attorney General of India is appointed by the President of India on the advice of the Prime Minister. This means that the Attorney General of India is not independent and is subject to the control of the Government of India.
- The Attorney General of India is the principal law officer of the Government of India. This means that the Attorney General of India is required to represent the Government of India in all courts in India. This can lead to a conflict of interest, as the Attorney General of India may be required to defend the Government of India in cases where the Government of India is acting illegally.
- The Attorney General of India is entitled to a number of perks and privileges, which can make the office appear to be too powerful.
9. What are the reforms that have been proposed for the office of the Attorney General of India?
The following reforms have been proposed for the office of the Attorney General of India:
- The Attorney General of India should be appointed by a collegium of judges of the Supreme Court. This would make the appointment of the Attorney General of India more independent.
- The Attorney General of India should not be the principal law officer of the Government of India. This would remove the conflict of interest that arises from the Attorney General of India being required to defend the Government of India in cases where the Government of India is acting illegally.
- The Attorney General of India should not be entitled to a number of perks and privileges. This would make the office of the Attorney General of India appear less powerful.
The Attorney General of India is the chief legal advisor to the Government of India. He is also the principal law officer of the Government of India and is responsible for conducting all litigation on behalf of the Government of India in the Supreme Court of India and in the High Courts.
The Attorney General of India is appointed by the President of India on the advice of the Prime Minister. He holds office during the pleasure of the President.
The Attorney General of India is a member of the Union Cabinet and is entitled to the same salary and allowances as a Cabinet Minister.
The Attorney General of India is assisted by a team of Additional Attorneys General and Solicitors General.
The Attorney General of India is a very important constitutional office and plays a vital role in the administration of justice in India.
Here are some MCQs on the topic of the Attorney General of India:
- Who is the current Attorney General of India?
- What are the qualifications for the post of Attorney General of India?
- What are the duties and responsibilities of the Attorney General of India?
- What is the salary and allowances of the Attorney General of India?
- What is the tenure of the Attorney General of India?
Here are the answers to the MCQs:
- The current Attorney General of India is K.K. Venugopal.
- The qualifications for the post of Attorney General of India are:
- He must be a citizen of India.
- He must have been a judge of the Supreme Court of India or of a High Court for at least five years.
- He must have been a practicing advocate for at least ten years.
- The duties and responsibilities of the Attorney General of India are:
- To give legal advice to the Government of India.
- To represent the Government of India in all courts.
- To conduct all litigation on behalf of the Government of India in the Supreme Court of India and in the High Courts.
- To perform such other duties as may be assigned to him by the President of India.
- The salary and allowances of the Attorney General of India are:
- A salary of Rs. 2,50,000 per month.
- A house rent allowance of Rs. 1,00,000 per month.
- A sumptuary allowance of Rs. 50,000 per month.
- A medical allowance of Rs. 25,000 per month.
- A travelling allowance of Rs. 1,00,000 per year.
- The tenure of the Attorney General of India is during the pleasure of the President of India.