Attorney General of India

The Attorney General is a law officer who represents the Union Government in the court of law and similarly, an Attorney General is the highest law officer in the country. The officer keeps a check of all the legal matters related to that of the Union Government and the President as well. An Attorney General holds great importance in the Indian Legal System as he performs functions in an advisory capacity of the President on all legal matters. He is also responsible for performing all the constitutional duties concerning his designations.

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This Story also Contains

1. Introduction to Article 76
2. Who is the Attorney General of India?
3. Terms of office of Attorney General of India
4. Roles of Attorney General in India
5. Powers of Attorney General of India
6. Salary offered to Attorney General of India
7. Lists of Attorney Generals in India
8. Landmark Cases handled by the Attorney General of India
9. Limitations of an Attorney General

Introduction to Article 76

According to Article 76 of the Indian Constitution, the Attorney General is the highest Law Officer in the country and a Union Executive Member. In the case of P.N. Duda v. V. P. Shiv Shankar and Others 1988, the court held that an Attorney General is a “friend, philosopher, and guide of the court.”The appointment of the Attorney General is done by the president of India and the person being appointed must be qualified as the judge of the supreme court.

• Article 76(1) states that the President of India shall appoint the Attorney General of India.

• Article 76(2) specifies the general eligibility criteria or qualifications that are required for a person to be an Attorney General.

• Article 76(3) explains the duration for which the Attorney General shall be serving the country. However, the highest law officer in the country gives his service to the country till the President is in service. The Attorney General may resign if the Ruling party is not in rule or the president has completed his tenure. But he may also get an extension of his tenure if a reference for the same is made.

• Article 76(4) states the functions of the Attorney General that he has to perform while dealing with legal matters in the court of law.

• Article 76(5) deals with the relations of the Attorney General with the President. The Attorney General cannot have any other role in the government unless given by the President.

Who is the Attorney General of India?

• The current Attorney General of India is “R. Venkataramani” who is in an official position. He took over the office as the 16th Attorney General of India. He took charge of the former Attorney General K.K. Venugopal. Further, to qualify as the attorney general of India, a person must be an Indian Citizen which means the person should be a citizen of India at the time of their nomination.

• The person nominated for this post must be a high court judge for a minimum period of five years or of two or more such courts in continuation.

• The person has to be an advocate of a high court for the minimum time of ten years or of two or more such courts in continuation. The person must also be an excellent performer in the field of judiciary according to the president’s opinion.

• The Attorney General is appointed by the President but followed by a recommendation given to him by the council of ministers which is headed by the prime minister. Then, on the suggestion given by the council of ministers, the president revisits the nomination of the candidate for further appointment procedure.

• The Attorney General enjoys his service according to the duration of the president’s tenure and can be removed from his official post by the President whenever he wishes to.

• However, the Attorney can give a formal resignation if there is a change in the government or if a new President is appointed.

• Even though an Attorney is posted at the request of the Union Cabinet Ministers and on the President’s approval, the Attorney must perform his duties without any bias while giving any legal advice or representing the government to safeguard their interest.

Terms of office of Attorney General of India

• According to Article 76(3), the Attorney General enjoys his work until the President’s command.

• There is no provision for the duration of holding the office mentioned in the Constitution of India.

• The First Attorney General, “M.C. Setalvad”, served for the post of Attorney General of India for fifteen years because there was no such stoppage on tenure exercised by a candidate.

• Further, when the “Law Officer (conditions of service) Rules, 1987”, was established, it stated that a law officer can enjoy his post for only three years with an extension of three years after completing the regular tenure.

• Recently, Attorney General “K.K. Venugopal” was granted an extension of one year after his term of office was completed. Thereafter, it is officially not mentioned in the Constitution about any Article or Provision about the removal of the Attorney General.

• However, an Attorney can be removed from his post on the formal affirmation by the President after taking advice from the Council of Ministers as it is mentioned in Article 74 of the Indian Constitution, that the President needs to make decisions according to the advice given by the Cabinet ministers.

• The President can reconsider the removal but if it is clearly decided by the Ministers, then the President shall follow the same.

Roles of Attorney General in India

• The attorney general represents the Government in all the legal subject matters, and important cases that appear before the Supreme Court.

• The Attorney acts as an advocate for all the government’s actions. He also provides defence to their parliament position and also gatekeep government’s interests.

• An Attorney also plays a vital role in protecting the constitutionality and legality of the Government’s decisions and policies. He also helps in the interpretation of laws and statutes, comprehending international trade agreements and drafting legal outcomes it.

• The Attorney General also guides about the Constitutional subjects such as powers and functions of government and to what extent they can exercise their authority and gives insights on fundamental rights and duties.

• He can also participate in government meetings to offer legal clarity on discussions. The Attorney also gives suggestions to various government departments, ministries and agencies.

• Also, according to “Article 143” of the Constitution of India, it is the responsibility of the Attorney General to represent the Government of India if the president makes a reference to the Supreme Court about it. The Attorney General is also the head of the Bar Council.

Powers of Attorney General of India

• The Attorney General exercises certain powers and privileges. The Attorney General of India has the power to take part in parliamentary proceedings of both the house that is the Rajya Sabha and the Lok Sabha and the joint sitting meetings.

• He can also attend meetings wherever he is a member. The Attorney General can also speak during these parliamentary meetings as under “Article 88” of the Indian Constitution but cannot vote in decisions. He has privileges equal to the members of the parliament.

• There is a special power that an Attorney has in that he is not restricted to practice private litigation because he is not classified as a government servant.

• The Attorney General can also seek help from the Solicitor General and Additional Solicitor General of India for handling the official responsibilities.

• However, the criminal attempt made by the Attorney General can attract legal action by the Supreme Court.

Salary offered to Attorney General of India

The remuneration of the Attorney General of India is decided by the President as there are no such specific constitutional clarifications fixed over it. Since he is not restricted to representing only the government and is also allowed to private practice, therefore he is paid a retainer by the President equal to that of the salary of a Supreme Court judge paid from the consolidated fund of India.

Lists of Attorney Generals in India

Landmark Cases handled by the Attorney General of India

• In the case of, Union of India v. R.K. Jain, the Supreme Court had to decide whether the office of the Attorney General came with the meaning of Section 2(h) of the Right to Information Act, 2005. The court held in this case that, since the Attorney General does not have any administrative duties to perform, that might affect the rights and duties of a person and therefore it cannot be tagged as an “authority”.

• Similarly, in the case of Mr Ajitabh Sinha v. Supreme Court of India, it was held that an Attorney General of India is sui generis, which means “consisting of a class alone, unique”. Therefore, even though he is appointed by the President of India as under Article 7, he is not a public servant or authority in the ambit of Section 2(h) of the Right to Information Act, 2005.

• In the infamous landmark case of Kesavananda Bharati Case, the Attorney General represented the Union Government in defending the Constitutional validity of the amendments made to the Indian Constitution through the 24th Amendment Act, which sought to limit the scope of judicial review.

• In the State of Karnataka v. Union of India, the Attorney General represented the government concerning the dismissal of the elected government of Karnataka under Article 356 of the Indian Constitution.

• Further, in the case of S.R. Bommai v. Union of India, the Attorney General defended the Union Government’s actions regarding imposing the president’s rule in different states.

Limitations of an Attorney General

• The Attorney General has the power to take part in the parliamentary proceedings but he doesn’t have the right to vote in decision making.

• He cannot make any conflicting or contradictory statements against the Government of India and cannot advise opposition parties as well.

• He cannot accept an appointment in a private company as a director, without the government's permission

• He cannot defend an accused individual in criminal cases unless granted by the Government.

The Attorney General of India embarks as the Supreme Law Officer of the country with distinguished roles and responsibilities of representing the President and the Union Cabinet in legal proceedings and disputed matters. Hence, an Attorney General acts as a saviour for the Government in case of conflicting issues.