Article 76 of the Indian constitution mentions that the Attorney General of India is the highest law officer of India. Attorney General of India is the chief legal advisor to the government of India and advises the union government on all legal matters. The Attorney General of India is the highest law officer in the country. The Attorney General of India is also the primary lawyer that represents the Union Government in the Supreme Court of India. The Attorney General is not supposed to be a political appointee, in spirit, but this is not the case in practice. Attorney General of India is responsible to assist the government in all its legal matters. Like an Advocate General of a State.
The constitution of India does not provide any fixed tenure to the Attorney General of India. So, AGI holds office during the pleasure of the president. Attorney General of India can be removed by the president at any time. There is no procedure or ground mentioned in the constitution for the removal. It is an important section of Indian Polity which is a significant subject in many govt. recruitment exams. In this article, we are providing all the details about the Attorney General of India.
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|Designation||Attorney General of India|
|Current AGI||K. K. Venugopal|
|Appointed By||By the President of India on the advice of Union Cabinet|
|Role||AGI works as the chief legal advisor to the government and is primary lawyer in the Supreme Court of India.|
|1st Attorney General of India||Motilal C. Setalvad|
Appointment of the Attorney General of India?
The President of India appoints the Attorney General on the advice of the government. The following are the qualifications required to be appointed as the attorney general of India:
- He/She should be a citizen of India.
- He/She must have either completed 5 years in the High Court of any Indian state as a judge or 10 years in High Court as an advocate
- He/She may be an eminent jurist too, in the eye of the President
List of All Attorney General of India
|1||M.C. Setalvad – First attorney general of India||28 January 1950 – 1 March 1963|
|2||C.K. Daftari||2 March 1963 – 30 October 1968|
|3||Niren de||1 November 1968 – 31 March 1977|
|4||S.V. Gupte||1 April 1977 – 8 August 1979|
|5||L.N. Sinha||9 August 1979 – 8 August 1983|
|6||K. Parasaran||9 August 1983 – 8 December 1989|
|7||Soli Sorabjee||9 December 1989 – 2 December 1990|
|8||J. Ramaswamy||3 December 1990 – November 23 1992|
|9||Milon K. Banerji||21 November 1992 – 8 July 1996|
|10||Ashok Desai||9 July 1996 – 6 April 1998|
|11||Soli Sorabjee||7 April 1998 – 4 June 2004|
|12||Milon K. Banerjee||5 June 2004 – 7 June 2009|
|13||Goolam Essaji Vahanvati||8 June 2009 – 11 June 2014|
|14||Mukul Rohatgi||12 June 2014 – 30 June 2017|
|15||K.K. Venugopal||30 June 2017 – Till date|
Role of Attorney General of India
- All the legal matters that are referred to AG by the President, AG advises the Union government upon the same.
- President of India keeps on referring the Attorney General legal matters that suits his/her interest and Attorney General must advise on those too
- It is the duty of the Attorney General to give advice to the Government of India upon legal matters and to perform such other duties of legal character, as may, from time to time be referred or assigned to him by the President.
- Apart from what President refers, AG also performs the duties that are mentioned in the Constitution.
The three duties that are assigned to Attorney General by the President are:
- In any legal case where the government is related to, the Attorney General must appear in the Supreme Court on its behalf.
- AG has to represent the Union Government in any reference made by the president to the Supreme Court under Article 143 of the Constitution.
- AG must also appears in the High Court if any case is related to the Government of India.
Limitations of the Attorney General of India
To avoid conflicts of duty, there are a few limitations that are posted on the Attorney General:
- Attorney General should not advise or hold a brief against the Government of India
- Attorney General should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India
- Attorney General should not defend accused persons in criminal prosecutions without the permission from the Government of India
- Attorney General should not accept appointment as a director in any company or corporation without the permission from the Government of India
Rights of Attorney General of India
- Attorney General of India has the right of audience in all courts in the territory of India.
- Attorney General of India has the right to take part in the proceedings of both the Houses of Parliament and their joint sittings, but doesn’t have the right to vote.
- Attorney General of India has the right to speak or to take part in the meeting of any committee of the Parliament of which he is named as a member.
- He enjoys all the privileges and immunities that are available to a member of parliament.
Frequently Asked Questions
Q. Who is the current Attorney General of India?
The current Attorney General of India is K. K. Venugopal.
Q.What is the role of Attorney General of India?
AGI works as the chief legal advisor to the government and is the primary lawyer in the Supreme Court of India.
Q. Who holds the right to remove Attorney General of India?
The Attorney General of India can be removed by the president at any time.
Q. Who was the 1st Attorney General of India?
Motilal C. Setalvad was the 1st Attorney General of India.