Attorney General of India: List, Appointment, Roles and Limitations: Article 76 of the Indian Constitution mentions that the Attorney General of India is the supreme law officer of India. The Attorney General is the chief legal advisor to the Government of India and advises the Central Government on all legal matters. The Attorney General of India is responsible for assisting the government in all legal matters. It is an important section of Indian Politics, which is an important subject of many government exams. In this article, we are providing all the details about the Attorney General of India.
The Constitution of India does not provide for any fixed tenure for the Attorney General of India., Therefore, the AGI holds office during the pleasure of the President. The Attorney General of India can be removed by the President at any time. Even for removal, there is no procedure or grounds mentioned in the Constitution.
Who is the Attorney General of India?
According to the facts mentioned in Article 76 of the Constitution, the Attorney General is the supreme law officer of India. As the Chief Legal Advisor to the Government of India, you advise the Central Government on all legal matters.
The Attorney General is also the primary lawyer representing the Central Government in the Supreme Court of India. Like the Advocate General of a state, the Attorney General is not considered a political appointee in spirit, but in practice this is not the case.
Appointment and tenure of the Attorney General of India
The Attorney General is appointed by the President on the advice of the Government. A candidate for the post of Attorney General must be an Indian citizen and must have completed 5 years as a judge in a High Court of any Indian state or 10 years in a High Court as an advocate. You may also be an eminent jurist in the eyes of the President.
The Attorney General of India has no fixed tenure. The Constitution does not mention any specified tenure of the Attorney General. Similarly, the Constitution also does not mention the procedure and grounds for his removal. But the Attorney General is appointed mainly for 3 years.
Attorney General of India: at a glance
| Designation | Attorney General of India |
| Current AGI (sixteenth) | R. Venkataramani |
| those who appoint | By the President of India on the advice of the Union Cabinet |
| Role | The AGI serves as the chief legal advisor to the government and is the primary counsel in the Supreme Court of India. |
| First Attorney General of India | Motilal C. Setalvad |
List of All President of India from 1947 to 2020
List of all Attorneys General of India
Below is a list of Attorneys General of India who have served since India's independence and becoming a republic.
| serial number | Name | Tenure |
|---|---|---|
| 1 | M.C. Setalvad (first Attorney General) | 28 January 1950 – 1 March 1963 |
| 2 | C.K. office | 2 March 1963 – 30 October 1968 |
| 3 | Niren Day | 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 | Osmosis of | 9 August 1983 – 8 December 1989 |
| 7 | soli sorabjee | 9 December 1989 – 2 December 1990 |
| 8 | J. Ramaswami | 3 December 1990 – 23 November 1992 |
| 9 | Of Milan. Banerjee | 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 | Of Milan. Banerjee | 5 June 2004 – 7 June 2009 |
| 13 | Ghulam Essji Vahanvati | 8 June 2009 – 11 June 2014 |
| 14 | Mukul Rohatgi | 12 June 2014 – 30 June 2017 |
| 15 | K.K. Venugopal | 30 June 2017 to 22 September 2022 |
| 16 | R. Venkataramani | From October 1, 2022 till now |
Functions of the Attorney General of India
Being the chief law officer of the country, the Attorney General of India has to perform the following duties:
- All legal matters referred to the AG by the President, the AG advises the Central Government on the same.
- The President of India refers to the Attorney General legal matters which are of interest to him and the Attorney General must advise on those also.
- It is the duty of the Attorney General to advise the Government of India on legal matters and to perform such other duties of a legal character as are referred or assigned to him by the President from time to time.
- Apart from what the President says, the AG also performs the duties mentioned in the Constitution.
The following are the three functions assigned to the Attorney General by the President:
- In any legal matter related to the government, the Attorney General must appear in the Supreme Court.
- The AG is to represent the Central Government in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
- If any matter is related to the Government of India then the AG should also appear in the High Court.
Limitations of Attorney General of India
There are certain limits that the Attorney General has to follow:
- The Attorney General does not have to give advice against the Government of India.
- The Attorney General is not required to advise or give any briefs in cases in which he is called upon to advise or appear for the Government of India.
- The Attorney General cannot defend the accused in criminal cases without the permission of the Government of India.
- The Attorney General should not accept appointment as a director in any company or corporation without the permission of the Government of India
Powers of the Attorney General of India
- The Attorney General of India has the power to attend hearings in all courts within the territory of India.
- The Attorney General of India has the right to participate in the proceedings of both Houses of Parliament and their joint sittings, but does not have the right to vote.
- The Attorney General of India has the right to speak or take part in the meeting of any committee of Parliament of which he is nominated as a member.
- He enjoys all the privileges and immunities which are available to a member of Parliament.
The Constitution provides powers that make the Attorney General the supreme legal representative on behalf of the government. The points discussed in this article are a comprehensive overview of the importance of the Attorney General and how it functions integrally to the four pillars of the Constitution.
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