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Attorney General of India

The Attorney General of India is the highest law officer in the country and a key member of the Union Executives. As per the Indian Constitution, the Attorney General of India acts as the chief legal adviser to the Union Government and represents it in the Supreme Court of India. The role of the Attorney General of India is defined in Article 76, Chapter 1 (The Executives), Part V of the Indian Constitution. The first Attorney General of India was M.C. Setalvad, who served from January 28, 1950, to March 1, 1963. He holds the record for the longest tenure as Attorney General of India, serving for 13 years.

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    The Attorney General of India plays a crucial role in advising the government on legal matters and representing it in important cases. The position of the Attorney General of India is not just prestigious but also vital for the smooth functioning of the Union Government’s legal framework. The office of the Attorney General of India ensures that the government’s actions are legally sound and defendable in the highest court of the country.

    Attorney General of India

    Who is the Attorney General of India?

    Article 76 of the Constitution states that the Attorney General of India is the highest law officer in the country. As the main legal advisor to the Government of India, the Attorney General provides advice on all legal issues to the union government.

    Additionally, the Attorney General of India serves as the primary lawyer representing the Union Government in the Supreme Court of India. Although the role of the Attorney General, similar to that of an Advocate General of a State, is intended to be non-political in spirit, this is often not the case in practice.

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    Who Appoints Attorney General of India?

    Attorney General of India appointed by President of India based on the advice of the government. To qualify for this role, a person must meet the following criteria:

    1. They must be an Indian citizen.
    2. They should have either served as a judge in any High Court in India for at least 5 years or practiced as an advocate in a High Court for at least 10 years.
    3. Alternatively, they can be an eminent jurist in the opinion of the President.

    The Attorney General of India is appointed to provide legal advice to the government and represent the government in legal matters.

    Who was the First Attorney General of India?

    The First Attorney General of India, M.C. Setalvad, served the longest term of 13 years. On the other hand, Soli Sorabjee had the shortest tenure, even though he was appointed to the position twice.

    Who is the Present Attorney General of India?

    R. Venkataramani became the 16th Attorney General of India on October 1, 2022, succeeding K. K. Venugopal. He currently holds this prestigious position, having been appointed by President Droupadi Murmu.

    The current Attorney General of India, R. Venkataramani, will serve a three-year term. He is a senior lawyer at the Supreme Court with 42 years of experience. He registered with the Tamil Nadu Bar Council in 1977 and started working for Senior Supreme Court Advocate PP Rao in 1979. By 1982, he had established his own practice at the Supreme Court and was designated as a Senior Advocate in 1997.

    R. Venkataramani has a vast legal background, working in areas such as constitutional law, indirect tax law, human rights law, civil and criminal law, consumer law, and service laws. In 2001, he was invited to a workshop in Geneva by the International Commission of Jurists and the UN High Commissioner for Human Rights to report on the 1966 Optional Protocol to the International Covenants on Economic, Social, and Cultural Rights (ICESCR). He also contributed to ICESCR-related activities of the International Court of Justice in the Afro-Asian region. He served on the Law Commission in 2010 and again in 2013. Now, R. Venkataramani continues his distinguished career as the Attorney General of India, succeeding K. K. Venugopal.

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    List of Attorney General of India

    Check out our List of Attorney General of India to see all the people who have had this important job over the years.

    Attorney General of India Name of the Attorney General Tenure
    1st Attorney General M.C. Setalvad 28 January 1950 – 1 March 1963
    2nd Attorney General C.K. Daftari 2 March 1963 – 30 October 1968
    3rd Attorney General Niren de 1 November 1968 – 31 March 1977
    4th Attorney General S.V. Gupte 1 April 1977 – 8 August 1979
    5th Attorney General L.N. Sinha 9 August 1979 – 8 August 1983
    6th Attorney General K. Parasaran 9 August 1983 – 8 December 1989
    7th Attorney General Soli Sorabjee 9 December 1989 – 2 December 1990
    8th Attorney General J. Ramaswamy 3 December 1990 – November 23 1992
    9th Attorney General Milon K. Banerji 21 November 1992 – 8 July 1996
    10th Attorney General Ashok Desai 9 July 1996 – 6 April 1998
    11th Attorney General Soli Sorabjee 7 April 1998 – 4 June 2004
    12th Attorney General Milon K. Banerjee 5 June 2004 – 7 June 2009
    13th Attorney General Goolam Essaji Vahanvati 8 June 2009 – 11 June 2014
    14th Attorney General Mukul Rohatgi 12 June 2014 – 30 June 2017
    15th Attorney General K.K. Venugopal 30 June 2017 – September 22, 2022

    Salary of Attorney General of India

    Nature of Work Fees
    Appearance in Courts outside Delhi ₹40,000/- per day per case
    For use as a written argument before the Supreme Court, the High Court, inquiry commissions, tribunals, and other similar bodies ₹10,000/- per case
    For providing comments on case statements sent by the Ministry of Law ₹10,000/- per case
    Settling Statement of Case ₹6,000/- per case
    Settling pleadings (including affidavits) ₹5,000/- per pleading
    Applications and other petitions for special leave ₹5,000/- per case per day
    Article 143 suits, writ petitions, appeals, and references ₹16,000/- per case per day

    Powers and Privileges of the Attorney General of India

    As the highest-ranking legal officer in India, the Attorney General of India advises and represents the Government of India in court on legal issues referred to the Supreme Court by the President under Article 143 of the Constitution.

    The privileges of the Attorney General of India are as follows:

    • The Attorney General of India has the right to speak in any court in the country regarding his duties.
    • He enjoys all the perks and immunities given to Members of Parliament (MPs).
    • He can attend sessions of both Houses of Parliament.
    • Although he cannot vote, he can speak and participate in the proceedings of both Houses of Parliament.
    • He can join any discussion in a Parliamentary committee.
    • He is considered the leader of the bar and is an ex officio member of the Indian Bar Council.
    • The Attorney General of India is not a government employee, so he can also practice private law.

    Limitations of the Attorney General of India

    The Attorney General of India has some restrictions on his duties, such as:

    • He should not take a job as a director in any company without the Government of India’s permission and should not defend anyone in criminal cases.
    • He should not give advice or take up any case against the Government of India.

    Also Check: Who appoints the Attorney General for India?

    Office of the Attorney General of India

    The Attorney General of India is the chief legal officer of the Government of India. Article 76 of the Indian Constitution outlines the following details about the office of the Attorney General of India:

    Appointment and Eligibility

    The Attorney General of India is appointed by the President of India. His salary and allowances are also decided by the President. To be appointed as the Attorney General of India:

    • He must be an Indian citizen.
    • He must have been a judge in any High Court for five years or an advocate in any High Court for ten years, or be an eminent jurist in the President’s opinion.
    • He should be eligible to be a Supreme Court judge.

    Tenure

    The Indian Constitution does not specify the tenure of the Attorney General of India. It also does not detail the grounds and procedures for his removal. He holds office at the pleasure of the President, meaning he can be removed by the President at any time. Since he is appointed on the advice of the Council of Ministers, he should resign if the Council of Ministers resigns or is replaced.

    FAQs on Attorney General of India

    Which article in the Indian Constitution deals with the Attorney General of India?

    Article 76 of the Indian Constitution addresses the office of the Attorney General of India.

    Who appoints the Attorney General of India?

    The President of India appoints the Attorney General based on the advice of the council of ministers.

    Can the Attorney General of India participate in the proceedings of the Indian Parliament?

    Yes, the Attorney General can participate in parliamentary proceedings but does not have the right to vote.

    How is the Attorney General of India different from the Chief Justice of India?

    The Attorney General of India advises the government on legal matters and ensures laws are followed. The Chief Justice of India oversees court proceedings and ensures justice is administered.

    What is the Attorney General of India?

    The Attorney General for India is the chief legal advisor to the Government of India. Appointed by the President on the recommendation of the Union Cabinet under Article 76(1) of the Constitution, the Attorney General serves at the pleasure of the President.

    Who is the current Attorney General of India?

    R. Venkataramani is the current Attorney General of India. He took office on October 1, 2022, succeeding K. K. Venugopal.

    What is the role of the Attorney General in India?

    The Attorney General of India is the main legal advisor to the government. The Attorney General advises the government on legal issues and must have at least five years of experience as a High Court judge or ten years as an advocate in the High Court.

    Who was the first Attorney General of India?

    M. C. Setalvad was the first Attorney General of India, serving from January 28, 1950, to March 1, 1963. He is notable for his 13-year tenure, the longest to date.

    Who decides the salary of the Attorney General of India?

    The salary and allowances of the Attorney General of India are not specified in the Constitution. Instead, they are determined by the President.

    Who is the current Attorney General of India?

    The current Attorney General of India is R. Venkataramani, who took office on October 1, 2022, appointed by President Droupadi Murmu.

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