Attorney General of India (Article 76): Important Notes for Exams

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Attorney General of India; R. Venkataramani

The Attorney General of India(AGI) holds the highest legal position in the country and is a key member of the Union Executives. As per the provisions outlined in the Constitution of India, the AGI serves as the principal legal advisor to the Union Government and represents it as the leading advocate in the Supreme Court of India. The establishment and responsibilities of the AGI are detailed in Part V, Article 76 of Chapter 1 (The Executives) of the Indian Constitution. Motilal Chimanlal Setalvad made history as the first Attorney General of India, holding the position from the 28th of January 1950 to the 1st of March 1963, hence marking a remarkable tenure of 13 years.

Attorney General of India (AGI)
First Attorney General of IndiaMotilal Chimanlal Setalvad
Current Attorney General of IndiaR. Venkataramani
TypeThe Judiciary of India
Formation 28th January, 1950
AppointmentThe President of India
Term length As per the choice of the President of India
ArticleArticle 76 of the Indian Constitution 
DeputyThe Solicitor General of India
ResidenceNew Delhi, India
Attorney General of India (AGI)

Who is the Attorney General of India?

In numerous common law jurisdictions, the Attorney General of India(AGI) is the principal legal consultant to the Government of India.

  • Additionally, some jurisdictions also grant executive responsibilities to AGIs related to law enforcement, prosecutions, or overall legal affairs.
  • Moreover, the extent to which the AGI directly provides legal advice to the Government of India changes widely among jurisdictions and individual officeholders.
    • This is often influenced by their prior legal background, level of authority, and the specific nature of their role.

Furthermore, Article 76 of the Constitution of India, designates the AGI as the highest law officer of India. In addition, serving as the Chief Legal Advisor to the Government of India, the AGI offers legal guidance to the Union Government on a wide array of legal matters.

Consequently, the AGI serves as the foremost legal representative of the Union Government in the Supreme Court of India. While the role of the AGI is similar to that of an Advocate General of a State and is ideally expected to be non-political, this is not always honoured in practice.

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What is the Term of the Attorney General of India?

The tenure of the Attorney General of India is not specified by a fixed term in the Constitution of India. Moreover, the document does not prescribe any clear duration for the Attorney General’s service, nor does it outline the procedure and grounds for their removal.

However, here are key points regarding the AGI’s office:

  • The AGI can resign by submitting his resignation only to the President.
  • The President holds the authority to remove the Attorney General at any given time.
  • Traditionally, the AGI is generally removed when the Council of Ministers, which advises the President on his appointment, is replaced or dissolved.

Who Appoints the Attorney General of India?

The President of India appoints the Attorney General of India. The person appointed as an AGI must be qualified to be a Judge at the Supreme Court of India. Moreover, the President of India appoints the AGI on the Government’s advice. 

The Qualifications for the Position of an AGI are:

  1. An Indian Citizen
  2. The person must have served as a Judge in the High Court of any Indian State for a minimum of 5 years or has practised as an Advocate in the High Court for at least 10 years. 
  3. The appointee may also be recognised as an eminent Jurist, according to the President of India.

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What are the Duties of the Attorney General of India?

Additionally, the Duties of the Attorney General of India are as follows:

  • The President delegates 3 Fundamental Duties to the Attorney General:
    • Advocating for the Union Government in instances where the President of India invokes Article 143 of the Constitution of India, hence being a reference to the Supreme Court.
    • Moreover, representation in the Supreme Court on behalf of the Government of India in any legal case involving it.
    • Acting as legal counsel in High Court proceedings related to cases involving the Government of India.
  • Offering legal counsel to the Union government on matters referred by the President.
  • Addressing legal concerns brought forth by the President which are aligning with the President of India’s interests, and providing appropriate advice.
  • Consequently, executing duties as outlined in the Constitution of India, beyond those specifically directed by the President of India.

These are Important Points related to the Attorney General of India: 

  1. The AGI is entitled to speak and participate in the sessions of both Houses of Parliament, the Lok Sabha and Rajya Sabha, as well as their joint meetings and any parliamentary committee in which they are a designated Member. 
  2. However, the AGI does not have the right to vote in such proceedings.
  3. Similar to a Member of Parliament, the AGI possesses all authorities associated with immunities and privileges. 
  4. The AGI status does not categorise them as a Government employee. 
  5. Moreover, the AGI retains the freedom to engage in private legal practice, hence facing no restrictions in that regard. 

Also Read: Important Articles of the Constitution of India

What are the Restrictions of the Attorney General of India?

Furthermore, the Restrictions of the Attorney General of India are as follows:

  1. The AGI must refrain from providing counsel or representing cases against the Government of India. 
  2. The AGI should avoid advising or appearing in cases involving the Government of India. 
  3. Permission from the Government of India is necessary before defending people in criminal prosecutions. 
  4. Additionally, the AGI must seek permission from the Government of India before accepting any directorial role in a company or corporation. 

List of All the Attorney Generals of India

Here is a list of the Attorney Generals of India from Formation on the 28th of January, 1950. 

Attorney Generals of India (AGI)
Position as the Attorney GeneralAttorney Generals of IndiaTenure Length of the Attorney GeneralTenure as the Attorney General 
1st AGIMotilal Chimanlal Setalvad13 years and 32 days28th of January 1950 to 1st of March 1963
2nd AGIChander Kishan Daphtary5 years and 242 days2nd of March, 1963 to 30th of October, 1968
3rd AGINiren De8 years and  150 days1st of November, 1968 to 31st of March, 1977
4th AGIS. V. Gupte2 years and 129 days1st of April, 1977 to 8th of August, 1979
5th AGILal Narayan Sinha 3 years and 364 days9th of August, 1979 to 8th of August, 1983
6th AGIKeshava Parasaran6 years and 121 days9th of August, 1983 to 8th of December, 1989
7th AGISoli Jehangir Sorabjee358 days9th of December, 1989 to 2nd of December, 1990 
8th AGIG. Ramaswamy 1 year and 356 days3rd of December, 1990 to 23rd of November, 1992
9th AGIMilon Kumar Banerji3 years and 227 days24th of November, 1992to 8th of July, 1996
10th AGIAshok Desai1 year and 272 days9th of July, 1996to 6th of April, 1998
11th AGISoli Jehangir Sorabjee6 years and 58 days7th of April, 1998to 4th of June, 2004
12th AGIMilon Kumar Banerji5 years and 3 days5th of June, 2004 to 7th of June, 2009
13th AGIGoolam Essaji Vahanvati5 years and 3 days8th of June, 2009 to 11th of June, 2014
14th AGIMukul Rohatgi2 years and 364 days12th of June, 2014 to 18th of June, 2017
15th AGIKotayan Katankot Venugopal5 years and 91 days1st of July, 2017to 30th of September, 2022
16th AGIR. VenkataramaniPresentFrom 1st of October, 2022 
List of All the Attorney Generals of India

Important Facts about Attorney General of India

Following are some of the most important facts about the Attorney General of India

  • The Attorney General is appointed by the President. 
  • Moreover, the Attorney General of India is the highest law officer in the country.
  • Attorney General is also allowed private legal practice as they are not considered government servants. 
  • He/she advises the Government of India on legal matters that are referred to by the President. 
  •  He/she does not have the right to vote when involved in legal proceedings for the government. 

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FAQs

Who is the current Attorney General of India?

The current Attorney General of India is R. Venkataramani. He took the position as an AGI on the 1st of October, 2022. 

What is the role of the Attorney General of India?

The role of the Attorney General of India is that of a principal legal advisor to the Union Government and represents it as the leading advocate in the Supreme Court of India. 

Who appoints the Attorney General?

The President of India appoints the Attorney General on the Government’s advice. 

Lastly, we hope you liked our blog and gained an understanding of the Attorney General of India. Moreover, you may even read more blogs and empower yourself with knowledge regarding Civics and Polity!

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