The Attorney General (AG) of India is the country’s highest law officer and plays a vital role as the chief legal advisor to the Government of India. Established under Article 76 of the Indian Constitution, the AG is responsible for providing legal counsel to the central government and representing it in cases before the Supreme Court. This role demands not only a deep understanding of Indian law but also the capability to provide objective legal guidance on significant matters of national importance. Here, we explore the list of AGs throughout India’s history, their tenure, qualifications, roles, and restrictions, along with facts relevant to anyone interested in Indian governance.
History of Attorneys General in India
Since the Constitution came into effect in 1950, India has seen a succession of notable personalities in the position of Attorney General. M.C. Setalvad was the country’s first AG, serving from January 28, 1950, until March 1, 1963. His tenure is the longest on record, lasting 13 years. In contrast, Soli Sorabjee’s initial tenure as AG lasted under a year (December 9, 1989, to December 2, 1990), though he served again from April 7, 1998, to June 4, 2004, making him the only AG to be appointed twice. This record reflects the evolution of the role and the variety of legal experts who have influenced its function and responsibilities over the years.
| Attorney General | Tenure |
|---|---|
| M.C. Setalvad | January 28, 1950 – March 1, 1963 |
| C.K. Daftari | March 2, 1963 – October 30, 1968 |
| Niren de | November 1, 1968 – March 31, 1977 |
| S.V. Gupte | April 1, 1977 – August 8, 1979 |
| L.N. Sinha | August 9, 1979 – August 8, 1983 |
| K. Parasaran | August 9, 1983 – December 8, 1989 |
| Soli Sorabjee | December 9, 1989 – December 2, 1990, April 7, 1998 – June 4, 2004 |
| J. Ramaswamy | December 3, 1990 – November 23, 1992 |
| Milon K. Banerji | November 21, 1992 – July 8, 1996, June 5, 2004 – June 7, 2009 |
| Ashok Desai | July 9, 1996 – April 6, 1998 |
| Goolam Essaji Vahanvati | June 8, 2009 – June 11, 2014 |
| Mukul Rohatgi | June 12, 2014 – June 30, 2017 |
| K.K. Venugopal | June 30, 2017 – September 22, 2022 |
Who is the Attorney General of India?
The AG serves as the highest law officer and principal legal advisor to the central government, offering counsel on legal matters referred by the government. Unlike other high-ranking legal positions in India, the AG is expected to maintain an objective perspective, free from political affiliations. This, however, is not always strictly observed in practice, as appointments may be influenced by the prevailing political leadership.
Appointment Process and Qualifications
The AG is appointed by the President of India, based on recommendations from the government. Only those with qualifications for appointment as a Supreme Court judge are eligible. The key qualifications are as follows:
- The AG must be an Indian citizen.
- They must have served as a High Court judge in any Indian state for at least five years, or as an advocate in a High Court for a minimum of ten years.
- Alternatively, they may be an eminent jurist recognized by the President.
Tenure of the Attorney General
The Constitution does not specify a fixed term for the AG’s office, nor does it outline explicit procedures for removal. The AG serves at the pleasure of the President and may be removed at any time. Additionally, the AG may resign by submitting a formal resignation to the President. By convention, when the Council of Ministers is dissolved or replaced, the AG may also vacate the office.
Role and Duties of the Attorney General
As the chief law officer of India, the AG undertakes various duties:
- Advising the Union Government: The AG provides legal counsel on matters referred to them by the President, including important constitutional and administrative issues.
- Representation in the Supreme Court: The AG represents the Union Government in legal cases, particularly those that reach the Supreme Court.
- Advisory Role under Article 143: The President may seek the AG’s opinion on complex legal matters, particularly those involving constitutional interpretation.
- Representation in High Courts: In specific cases related to the Union Government, the AG may also appear before High Courts across India.
The AG's responsibilities are essential to maintaining the rule of law within the executive branch, ensuring that government decisions adhere to the Constitution and established legal precedents.
Limitations on the Attorney General
While the AG holds an influential position, there are specific limitations designed to prevent conflicts of interest:
- The AG cannot advise or appear against the Government of India in legal matters.
- They may not defend individuals in criminal cases without the central government’s permission.
- The AG is prohibited from holding positions, such as a directorship in a private company, without government approval.
These restrictions ensure that the AG’s primary loyalty and professional obligations remain aligned with the government’s legal interests.
Special Privileges and Powers
The AG enjoys several privileges:
- Participation in Parliament: The AG has the right to attend and speak in both the Lok Sabha and the Rajya Sabha. This includes the right to participate in joint sessions and parliamentary committee meetings, though the AG cannot vote.
- Legal Immunities and Privileges: The AG enjoys immunity similar to that of a Member of Parliament, protecting them from certain liabilities while performing official duties.
- Right to Private Practice: Unlike government employees, the AG may engage in private legal practice, allowing them to take on cases unrelated to government interests.
Important Facts about the Attorney General of India
- The AG is part of the Union Executive, distinct from other government roles, and holds unique standing in both governmental and judicial proceedings.
- In court, the AG represents the Union Government, wielding significant influence on high-profile cases involving national interest.
- Although the AG can participate in parliamentary discussions, they cannot vote, maintaining a boundary between executive and legislative functions.
Conclusion
The Attorney General of India plays a vital role within the Indian legal and political landscape. Appointed by the President on the advice of the government, the AG provides legal counsel on matters of national importance, represents the Union Government in the Supreme Court, and advises the President on legal issues. The AG’s unique position, with privileges that include the right to speak in Parliament and the ability to practice privately, makes this role distinct from other legal offices in the government. Over the years, the office of the AG has evolved, reflecting changes in the legal and political framework of India. As a protector of legal integrity within the government, the AG remains a cornerstone of India's constitutional framework.
