The most recent update in India’s legal domain is the extension of the tenure of K.K. Venugopal, who has been serving as the Attorney General (AG) of India. The central government recently made an announcement extending his term for another year. Venugopal, who assumed office in 2017 as the 15th AG of the country, took over from Mukul Rohatgi, whose term lasted from 2014 to 2017.
Understanding the Role of the Attorney General
As part of the Union Executive, the AG holds a significant role in the Indian legal system. As the highest law officer in the country, the AG’s position is endorsed by the Article 76 of the Indian Constitution.
The Process of Appointment and Eligibility Criteria
The selection and appointment of the AG are pivotal processes that are conducted by the President under the advisory of the government. The eligibility criteria to hold the prestigious position of the Attorney General includes being a citizen of India and possessing significant experience in the legal field. This can be either a tenure of five years as a high court judge or ten years as an advocate of a high court. Alternatively, a candidate can also be an eminent jurist as per the opinion of the President.
Tenure and Removal of the Attorney General
Interestingly, the Constitution does not stipulate a fixed term for the AG’s tenure. Similarly, specific procedures or grounds for the removal of the AG are not detailed in the Constitution. The AG holds the office at the pleasure of the President, indicating that their tenure can conclude at any point, following the President’s decision.
Duties and Functionalities of the Attorney General
The responsibilities of the AG of India include advising the Government of India on legal matters referred by the President. They also perform additional duties of legal character assigned by the President. The AG represents the Government of India in court cases in the Supreme Court or any High Court where Government of India is involved. They also represent the government in any reference made to the Supreme Court under Article 143 of the Constitution and discharge functions conferred upon them by the Constitution or other laws.
Rights and Limitations
As the Attorney General, one enjoys certain rights and limitations. For instance, they can participate in proceedings across both Houses of Parliament and their joint sitting or any parliamentary committee where they might be a member, however, they cannot vote. They enjoy privileges and immunities equivalent to those of a Member of Parliament. An important point is that the AG does not qualify as a government servant. They are permitted to practice private legal work but are prohibited from advising or holding a brief against the Government of India.
Lastly, the AG doesn’t operate alone, they are assisted by the Solicitor General and the Additional Solicitor General of India in fulfilling their official responsibilities. Analogous to the AG at the state level is the Advocate General, provided under Article 165 of the Constitution.
