Constitutional Position Of Attorney General
Introduction
The Union Executive includes the Attorney General (AG), the highest-ranking legal representative in the nation. The office of the Attorney General of India has been established under Article 76 of the Constitution. The primary legal representative of the Union Government before the Supreme Court of India is the Attorney General (AG). The President, Vice-President, Prime Minister, Council of Ministers, and Attorney General of India make up the executive branch of the Union.
Attorney General of India
• The first law enforcement official in the nation is the Attorney General. He counsels the union government on all legal issues as the chief legal advisor to the Indian government.
• The position of Attorney General was established under Article 76 of the Indian Constitution.
• The Attorney General additionally acts as the Union Government's principal legal counsel before the Indian Supreme Court.
• Even if s/he is not a member of the Cabinet (as in England), the Attorney-General of India has the right to speak in the Houses of Parliament or any committee thereof but not the right to vote.
• The Attorney General has the same rights and privileges as a legislator.
• Advocate General is the corresponding office of the attorney general in the States (Article 165).
Attorney General - Appointment And Tenure
• The president appoints the attorney general.
• He or she must meet the requirements to serve as a Supreme Court judge.
• To put it another way, he or she must be an Indian citizen and have served as a judge of a high court for five years, an advocate of a high court for ten years, or a prominent jurist in the president's estimation.
• The Constitution does not specify the Attorney General's tenure in office.
• Additionally, the Constitution is silent on the removal process and grounds for removal.
• As a result, he or she serves at the pleasure of the president, who has the power to fire them at any time.
• He or she may also resign by delivering a letter of resignation to the president.
• The Attorney General is paid in accordance with the President's discretion and is not subject to any constitutional restrictions on compensation.
Functions And Duties
• To provide legal advice to the Indian government on the matters that the President refers.
• To carry out any additional legal obligations that the president delegates to him or her.
• To carry out the duties imposed by the Constitution or another piece of legislation.
• In addition to these, the President has given the Attorney General the following responsibilities:
1. To represent the Indian government in any cases before the Supreme Court that involve the Indian government.
2. To speak on behalf of the Indian government in any case that the president refers to the Supreme Court under Article 143 of the Constitution.
3. To show up at any high court, upon the Government of India's request, in any case involving the Government of India.
The Attorney General's Rights
• The Attorney General has the right to appear in any court on Indian soil when carrying out his official duties.
• Additionally, he or she has the right to speak, participate in both Houses of Parliament proceedings and their joint session, and be named to any committee of the Parliament, but not to vote.
• He or she benefits from all the rights and privileges that a member of parliament has.
Restrictions For The Attorney General
• He or she shouldn't offer advice or file a brief against the Indian government.
• When called upon to advise or represent the Government of India, he/she should refrain from offering advice or holding a brief.
• Without the government of India's consent, he or she should not represent anyone who have been accused in criminal proceedings.
• Without the consent of the Government of India, he or she should not accept a position as a director in any company or corporation.
• He/she should refrain from providing advice to any Government of India ministry or department, statutory organization, or public sector enterprise unless the request is made through the Ministry of Law and Justice's Department of Legal Affairs.
• The Attorney General does not, however, serve as a full-time legal advisor to the government and is not a member of the civil service.
• Additionally, he or she is not prohibited from practicing law privately.
• S/He is not a member of the Central cabinet. To handle legal issues at the federal level of government, there is a distinct law minister in the Central Cabinet.
• The Delhi High Court has declared that because the Attorney General of India (AGI) office is not a public entity, it is not covered by the Right to Information (RTI) Act.
List of Attorney Generals in India
|
Attorney General |
Term |
|
M. C. Setalvad |
28 January 1950 – 1 March 1963 |
|
C.K. Daftari |
2 March 1963 – 30 October 1968 |
|
Niren de |
1 November 1968 – 31 March 1977 |
|
S.V. Gupte |
1 April 1977 – 8 August 1979 |
|
L.N. Sinha |
9 August 1979 – 8 August 1983 |
|
K. Parasaran |
9 August 1983 – 8 December 1989 |
|
Soli Sorabjee |
9 December 1989 – 2 December 1990 |
|
J. Ramaswamy |
3 December 1990 – November 23, 1992 |
|
Milon K. Banerji |
21 November 1992 – 8 July 1996 |
|
Ashok Desai |
9 July 1996 – 6 April 1998 |
|
Soli Sorabjee |
7 April 1998 – 4 June 2004 |
|
Milon K. Banerjee |
5 June 2004 – 7 June 2009 |
|
Goolam Essaji Vahanvati |
8 June 2009 – 11 June 2014 |
|
Mukul Rohatgi |
12 June 2014 – 30 June 2017 |
|
K.K. Venugopal |
30 June 2017 – (incumbent) |
Solicitor General of India
• Other law enforcement officials of the Indian government are present in addition to the Attorney General.
• They are the additional solicitor general of India and the solicitor general of India, both of whom support the attorney general in carrying out his or her official duties.
• The solicitor general and supplementary solicitor general are not mentioned in Article 76.
Conclusion
The Attorney General may serve "for" India, which highlights that the people of India are the AG's clients rather than the Indian government. On the other hand, the Attorney General is not the government's full-time legal advisor and does not work for it. Additionally, he or she is free to practice law in private. Who should be appointed AG, what matters should be sent to him for legal advice, and how much he should be paid are all decided by the Union Cabinet.