Attorney General of India: Meaning and Role

A legal representative of the Union Government appears on their behalf in court. The Attorney General of India is the highest-ranking legal representative in the nation. He oversees the President's and the Union Government's legal affairs. When necessary, the President consults him for legal guidance. Article 76 concerns the Indian Attorney General. One must meet the requirements of a judge of the supreme court, which include having served as a judge of a high court for five years or as an advocate in a high court for ten years, or the president must determine that the applicant is qualified for such a prestigious position.

Meaning of Attorney General

The Attorney General (AG) of India is the top legal official in the nation and a member of the Union Executive, as stated in Article 76 of the Indian Constitution.

He has tasks to perform, such as

• Providing legal counsel to the government on situations that the president has submitted to him;

• Standing before any High Court or Supreme Court on behalf of the federal government;

• Carrying out the legal responsibilities given to him by the President and other obligations granted to him by the Constitution.

Appointment of Attorney General

An individual who is qualified for the position of Supreme Court Judge is appointed by the President of India. On the recommendation of the administration, the president appoints the attorney general.

The following prerequisites apply:

• He ought to be a citizen of India.

• He must have served as a judge in the Indian High Court for at least five years or as an advocate for ten years.

• He might also be a distinguished jurist in the President's eyes.

Sr.no.	Name of Attorney General	Tenure
1.	M.C. Setalvad	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 – 23 November 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	19 June 2014 – 30 June 2017
15.	K.K. Venugopal	1 July 2017 – 30 September, 2022
16.	R. Venkataramani	1 October 2022 – Till date

Role of Attorney General

The Attorney General of India is responsible for the following tasks as the nation's Chief Legal Officer:

• He provides legal advice to the Union administration on any legal issues that the President refers to him about.

• Attorney General must also provide advice on the legal matters that the President is constantly referred to as they serve his interests.

• In addition to the obligations outlined by the President, he also carries out those listed in the Constitution.

The President has given him the following three responsibilities:

• The Attorney General is required to represent the Indian government in any legal matter before the Supreme Court.

• In accordance with Article 143 of the Constitution, he is required to represent the Union Government in any reference to the Supreme Court made by the President.

• If any matter relates to the Government of India, he also appears in the High Court.

Removal of Attorney General

The Article implies that the President may keep him in office for as long as he likes and that the President may remove him. It is crucial to remember that the President lacks independent decision-making authority. This is so that the President can act on the counsel of the Council of Ministers, which includes the Prime Minister, as required by Article 74.

• Accordingly, the President must consult with the Council of Ministers, which includes the Prime Minister, before acting to remove the Attorney General from office.

• If the Council recommends it, the President must fire the Indian Attorney General. He can, however, return this recommendation for revision.

Limitations of Function of Attorney General

The Attorney General has various restrictions, just like with any position of authority:

• The Attorney General of India has the authority to participate in both houses' sessions, but he is not allowed to cast a vote.

• He is not permitted to express opinions that are hostile to the Indian government.

• He is unable to provide legal counsel to parties who are suing the Indian government.

• Without the government's approval, he cannot accept a directorship in a private corporation.

• He is not permitted to represent suspects in criminal proceedings without the government's approval.

Conclusion

The duty of representing the Union Government in court and advising the President on legal issues has been delegated to an appointed first legal officer of the country. To hold such a responsible post, one’s the necessary qualifications must be those of a Supreme Court judge. Numerous brilliant individuals have served as India's Attorney General over the years. The Attorney General of India fights for the government of India in the court and as per requirement keep advising.

FAQs

Q1. Who is the current Attorney General of India?

Ans. India's current attorney general is R. Venkataramani. He was chosen to serve as India's 16^th Attorney General in 2022.

Q2. Who is powerful CJI or Attorney General?

Ans. The Chief Justice of India (CJI) and the Attorney General are both are constitutional and powerful positions in the Indian legal system; however, their roles and responsibilities are different. CJI is the head of Indian Judicial System and works independently. Attorney General, on the other hand, is the first legal officer and chief legal advisor of the Indian government. The CJI and other judges of the Supreme Court, are responsible for the administration of justice in the country, including the allocation of cases to other judges and the supervision of the lower courts. The Attorney General, on the other hand, represents the government in legal matters before the Supreme Court.

In terms of their powers, the CJI has more authority within the judiciary. As per the protocol, CJI holds higher rank than the Attorney General.