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

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 India	Motilal Chimanlal Setalvad
Current Attorney General of India	R. Venkataramani
Type	The Judiciary of India
Formation	28th January, 1950
Appointment	The President of India
Term length	As per the choice of the President of India
Article	Article 76 of the Indian Constitution
Deputy	The Solicitor General of India
Residence	New Delhi, India

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.

Important Points related to the Attorney General 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. 

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What are the Restrictions of the Attorney General of India?

The Restrictions of the Attorney General of India are:

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 General	Attorney Generals of India	Tenure Length of the Attorney General	Tenure as the Attorney General
1st AGI	Motilal Chimanlal Setalvad	13 years and 32 days	28th of January 1950 to 1st of March 1963
2nd AGI	Chander Kishan Daphtary	5 years and 242 days	2nd of March, 1963 to 30th of October, 1968
3rd AGI	Niren De	8 years and  150 days	1st of November, 1968 to 31st of March, 1977
4th AGI	S. V. Gupte	2 years and 129 days	1st of April, 1977 to 8th of August, 1979
5th AGI	Lal Narayan Sinha	3 years and 364 days	9th of August, 1979 to 8th of August, 1983
6th AGI	Keshava Parasaran	6 years and 121 days	9th of August, 1983 to 8th of December, 1989
7th AGI	Soli Jehangir Sorabjee	358 days	9th of December, 1989 to 2nd of December, 1990
8th AGI	G. Ramaswamy	1 year and 356 days	3rd of December, 1990 to 23rd of November, 1992
9th AGI	Milon Kumar Banerji	3 years and 227 days	24th of November, 1992to 8th of July, 1996
10th AGI	Ashok Desai	1 year and 272 days	9th of July, 1996to 6th of April, 1998
11th AGI	Soli Jehangir Sorabjee	6 years and 58 days	7th of April, 1998to 4th of June, 2004
12th AGI	Milon Kumar Banerji	5 years and 3 days	5th of June, 2004 to 7th of June, 2009
13th AGI	Goolam Essaji Vahanvati	5 years and 3 days	8th of June, 2009 to 11th of June, 2014
14th AGI	Mukul Rohatgi	2 years and 364 days	12th of June, 2014 to 18th of June, 2017
15th AGI	Kotayan Katankot Venugopal	5 years and 91 days	1st of July, 2017to 30th of September, 2022
16th AGI	R. Venkataramani	Present	From 1st of October, 2022

Important Facts about Attorney General of India

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

• Attorney General is appointed by the President. 
• 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 gives advice to 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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