The President of India, under Article 76, appoints the Attorney General to advise Government of India on legal matters referred by the President; and represent Government in the Supreme Court and High Courts.
Appointment and Tenure
The Attorney General holds office at the pleasure of the President. There is no fixed term, and the Constitution does not specify a removal procedure. The Attorney General can resign by submitting a resignation letter to the President. Conventionally, the Attorney General resigns when the ruling council of ministers is dissolved or replaced.
Qualifications
To be appointed as Attorney General, an individual must meet the following criteria:
- Be an Indian citizen.
- Have served for five years as a High Court judge or for ten years as a High Court advocate.
- Be recognised as an eminent jurist by the President.
Roles and Responsibilities
The Attorney General has several key responsibilities:
- Advises the Government of India on legal matters referred by the President.
- Represents the Government in the Supreme Court and High Courts.
- Participates in parliamentary proceedings without voting rights.
- Issues legal opinions binding on the government.
- Conducts government litigation, including civil and criminal cases.
Rights and Privileges
The Attorney General enjoys specific rights:
- Right of audience in all Indian courts.
- Right to speak in both Houses of Parliament and their committees.
- Privileges similar to those of a Member of Parliament.
Limitations on Duties
Certain limitations are imposed to avoid conflicts of interest:
- Cannot advise against the Government of India.
- Cannot hold a brief in cases involving the government.
- Must seek permission to defend individuals in criminal prosecutions.
- Cannot accept directorships in companies without government permission.
Historical Context
The first Attorney General of India was M.C. Setalvad, serving from 1950 to 1963. He had the longest tenure, while Soli Sorabjee served the shortest term but held the position twice. The role has evolved over time, reflecting changes in legal and political landscapes.
Notable Attorneys General
Several Attorneys General have made contributions:
- M.C. Setalvad – Known for his role in early constitutional law.
- Niren De – Played a very important role in the Bank Nationalization Case.
- Soli Sorabjee – Contributed to environmental law and human rights.
- K.K. Venugopal – Involved in landmark cases like the Sabarimala Temple entry.
Attorney General vs. Solicitor General
The Solicitor General is the second-highest legal officer in India, assisting the Attorney General. While the Attorney General is a constitutional position, the Solicitor General’s role is statutory. The Solicitor General is appointed by the President on the advice of the Attorney General.
Advocate General of States
Each state of India has an Advocate General, appointed by the Governor. The Advocate General’s role mirrors that of the Attorney General but is confined to state matters. The Advocate General advises the state government and represents it in legal proceedings.
Challenges and Criticisms
The Attorney General faces several challenges:
- Maintaining independence while being a government appointee.
- Potential conflicts of interest due to dual roles in private practice.
- Lack of a clear removal procedure raises concerns about accountability.
Recent Developments
The Attorney General has been involved in high-profile cases that shape Indian jurisprudence. Issues such as constitutional amendments and fundamental rights have been at the forefront of recent legal battles. Discussions around reforming the office focus on enhancing transparency and independence.
Landmark Cases
Several landmark cases have defined the role of the Attorney General:
- A.K. Gopalan v. State of Madras – Addressed preventive detention laws.
- Bank Nationalization Case – Defended nationalisation against legal challenges.
- Sabarimala Temple Entry Case – Marked moment for gender equality.
- Aadhaar Case – Defended the constitutionality of the Aadhaar scheme.
Importance in Governance
The Attorney General plays important role in upholding the Constitution. They ensure that government actions comply with legal standards. Their involvement in legal matters reinforces the balance between the government and the judiciary.
