Attorney General of India: Complete Details

In this article, learn the complete details about the Attorney General of India, including their role, functions, and limitations. Additionally, discover other crucial facts about the Attorney General (AG), such as the differences between the AGs of India and the USA, the list of AGs until 2024, and many more.

Introduction

The Attorney General for India serves as the principal legal advisor to the Government of India and acts as its primary legal representative in the Supreme Court of India.

The President of India appoints this significant role by Article 76(1) of the Constitution, and the tenure is at the discretion of the President.

The person selected for this position must fulfil qualifications equivalent to those required for a Supreme Court Judge.

This entails having a judicial background, either as a high court judge for a minimum of five years or as a practising advocate in a high court for at least ten years.

Alternatively, the President may designate an individual as eligible based on their status as an eminent jurist.

Currently, R. Venkataramani holds the esteemed position of Attorney General for India.

Significance of the Position

The Attorney General of India holds a pivotal role in the Indian Judiciary for several compelling reasons:

Chief Legal Advisor

• The Attorney General serves as the government of India’s chief legal advisor, providing counsel on all legal matters.

Primary Government Lawyer

• As the principal lawyer, the Attorney General represents the Union Government in both the Supreme Court and the High Court of India.

Upholding the Rule of Law

• The Attorney General plays a vital role in upholding the rule of law and ensuring government adherence to the Constitution.

Legal Duties

• The Attorney General’s duties encompass advising the Government on referred legal matters, performing other legal tasks assigned by the President, and executing functions conferred by the Constitution or other laws.

Representation in Court

• In all cases concerning the Government of India, the Attorney General appears as its representative in the Supreme Court.

Participation in Parliamentary Proceedings

• The Attorney General has the right to speak and participate in the proceedings of either House, joint sittings or parliamentary committees.

These multifaceted roles and responsibilities underscore the Attorney General’s indispensability in ensuring the effective functioning of the Indian Judiciary.

✅ Schedules of Indian Constitution UPSC Notes with Tricks

Historical Background

The position of Attorney General in India was created on January 26, 1950, when the Constitution was enforced.

The guidelines for this role are explicitly laid out in Article 76 of the Constitution.

The first Attorney General of India was M.C. Setalvad, who served from January 28, 1950, to March 1, 1963.

Since then, this esteemed position has been held by several distinguished jurists. As of October 1, 2022, the Attorney General is R. Venkataramani.

Throughout the years, the Attorney General’s role has adapted to India’s evolving legal and political landscape. Nonetheless, the fundamental responsibilities outlined by the Constitution have remained constant.

These encompass offering legal advice to the Government of India, representing the Union Government in legal proceedings, and participating in parliamentary activities.

The evolution of the Attorney General’s position mirrors the dynamic nature of India’s legal system, illustrating ongoing endeavours to uphold the rule of law in the country.

List of Attorney Generals in India

The first Attorney General of India was appointed on 28 January 1950 under Prime Minister Jawaharlal Nehru. The last and incumbent Attorney General of India is R. Venkataramani, appointed on 1 October 2022. Here is a table of all the 14th Attorneys General of India:

Key Findings

Here are some of the most important key findings about the Attorney General of India list.

• First Attorney General of India: Motilal Chimanlal Setalvad

• Current Attorney General of India: R. Venkataramani

• Total Number Attorney General as of 2024: 14 Attorney General

• Total Term completed by All Attorney General of India as of 2024: 16th Term

• Re-appointed Attorney General of India: Soli Jehangir Sorabjee and Milon Kumar Banerji

• The Attorney General with the longest tenure was Motilal Chimanlal Setalvad who served for 4,880 days. (13 years, 32 days)

• The shortest-serving Attorney General of India was Soli Jehangir Sorabjee, who served for 358 days in his first term.

• The Prime Minister with the most Attorney Generals served under them was Narendra Modi with 3 Attorney Generals.

• On average, the Attorney Generals served for 1539.07 days.

Appointment and Qualifications

🔶 Appointment Process

The President appoints the Attorney General of India on the advice of the Council of Ministers. The appointment process and qualifications are outlined in Article 76 of the Indian Constitution.

🔶 Qualifications necessary for the position

Here are the key qualifications for the position of Attorney General of India:

• The appointee should be an Indian Citizen.

• They must have either completed 5 years in a High Court of any Indian state as a judge or 10 years in a High Court as an advocate.

• The President may also consider an eminent jurist for the position.

🔶 Tenure of Attorney General of India

• The Indian Constitution doesn’t specify the tenure of the Attorney General of India. Also, the Constitution does not contain the procedure and grounds for his removal.

• The Attorney General holds office at the choice of the President, who can remove them at any time. This is similar to the Prime Minister, Council of Ministers, and Governors of the States. 

• The Attorney General can also resign by submitting their resignation to the President.

• Traditionally, his resignation occurs when the government (council of ministers) steps down or undergoes a replacement, as his appointment is based on its counsel.

Functions and Roles

Role and Functions of Attorney General of India

Advisory Role

• Advise the Government of India on legal matters referred to them.
• Perform other legal duties as assigned by the President.

Constitutional Right

• Granted the right of audience in all Courts in India under Article 88 of the Constitution.

• Has the right to participate in parliamentary proceedings, excluding voting rights.

Representation in Courts

• Appears on behalf of the Government of India in all Supreme Court cases, including suits, appeals, and other proceedings.

• Represents the Government of India in references made by the President to the Supreme Court under Article 143 of the Constitution.

Limitation

Non-Membership in Central Cabinet

• The Attorney General is not a member of the Central Cabinet.

• Legal issues at the federal level are typically handled by a distinct Law Minister in the Central Cabinet.

Restrictions to Avoid Conflict of Interest

• Should not offer advice or file a statement against the Indian government.

• Refrain from advising any Government of India ministry, department, statutory organization, or public sector enterprise unless the request comes through the Ministry of Law and Justice’s Department of Legal Affairs.

Part-Time Role

• The Attorney General does not serve as a full-time legal advisor to the government.

• Not considered a member of the government service.

Private Legal Practice

• Not prohibited from practising law privately.

• Can engage in private legal practice alongside the role of the Attorney General.

Criminal Proceedings Representation

• Should not represent anyone accused in criminal proceedings without the consent of the Government of India.

Corporate Positions

• Should not accept a position as a director in any company or corporation without the government of India’s consent.

Current Attorney General of India

R. Venkataramani is the current Attorney General of India. Here is a quick overview of him:

Experience

• Legal practice of 42 years in the Supreme Court.

• Enrolled in the Bar Council of Tamil Nadu in July 1977.

• Joined the chambers of PP Rao, Senior Advocate, Supreme Court in 1979.

• Set up an independent practice in the Supreme Court in 1982.

• Designated as Senior Advocate by the Supreme Court in 1997.

• Served as a Member of the Law Commission in 2010 and 2013.

Areas of Practice

• Constitutional law
• Law of indirect taxes
• Human rights law
• Civil and criminal law
• Consumer law
• The law relating to services

Representations

• Represented the Central Government, several State Governments, Universities, and Public Sector Undertakings in major Supreme Court and High Courts litigations.

• Represents the Supreme Court in matters concerning its employees.

International Engagements

• Invited to speak at a workshop jointly organized by the United Nations High Commissioner for Human Rights and the International Commission of Jurists in Geneva in 2001.

• Involved with the International Court of Justice in activities in the Afro-Asian region, particularly about ICESCR (International Covenants on Economic, Social and Cultural Rights), 1966.

AG of India vs. AG of the United States

Here’s a comparison table between the Attorney General of India and the Attorney General of the United States:

R. Venkataramani On the New Criminal Laws

the government of India officially announced the implementation of three recently enacted criminal laws, which started on July 1.

• Bharatiya Nyaya (Second) Sanhita, 2023
• The Bharatiya Sakshya (Second) Bill, 2023
• The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023

These three new criminal laws are set to replace the Indian Penal Code (IPC), Indian Evidence Act, 1872, and CrPC, respectively. 

In This Context, the current Attorney General of India quoted the following:

“Whatever we do in the field of law it’s for the betterment of the people… the Parliament looks at various aspects either selective or broad. Looking at a paradigm shift that we call in science, a paradigm means a framework of thought, from one side to another, from Newton to Einstein… This paradigm shift is important and as a society, we move from old habits and develop new modern habits; I think there is an important shift in our criminal law and our administration of justice in general.”

FAQs on Attorney General of India

Major Source:

• Wikipedia – AGI
• Indian Express
• Wikipedia – R. Venkataramani