The Attorney General of India is the highest law officer in the country and serves as the chief legal advisor to the Government of India. Appointed by the President of India, the Attorney General plays a crucial role in representing the government in legal matters before the Supreme Court and other judicial bodies. This article provides a detailed overview of the Attorney General of India, covering their appointment, functions, powers, and significance.
Attorney General of India
As of February 2025, the Attorney General of India is R. Venkataramani. He was appointed to this position on October 1, 2022, for a term of three years, succeeding K.K. Venugopal. His tenure is set to conclude on September 30, 2025.
R. Venkataramani is a distinguished senior advocate with extensive experience in constitutional law and legal practice. Prior to his appointment as Attorney General, he had a notable career spanning several decades, during which he contributed significantly to various landmark cases and legal reforms in India.
Appointment and Tenure
The Attorney General of India is appointed by the President of India under Article 76 of the Indian Constitution. The key criteria for appointment are:
- The individual must be qualified to be appointed as a Judge of the Supreme Court.
- He or she must be a citizen of India.
- The person must have been a judge of a High Court for at least five years or an advocate of a High Court for ten years, or be an eminent jurist in the opinion of the President.
Tenure and Removal
- The Attorney General does not have a fixed tenure and serves at the pleasure of the President.
- He or she can be removed by the President at any time.
- There is no process of impeachment, unlike other constitutional authorities.
Duties and Functions
As the chief legal advisor to the government, the Attorney General of India performs several important functions:
- Legal Advice to the Government – Advises the President, the Prime Minister, and other ministers on legal matters.
- Represents the Government in Courts – Appears on behalf of the Union of India in the Supreme Court and High Courts in cases involving constitutional and other significant legal issues.
- Defends Laws Passed by Parliament – Represents the government in defending legislation challenged in court.
- Performs Legal Duties Assigned by the President – May be asked to perform special legal functions as directed by the President.
- Appears Before Special Tribunals – Represents the government in matters before various judicial and quasi-judicial bodies.
- Right to Audience in All Courts – Can appear before any court in India without the need for special permission.
Powers of the Attorney General of India
The Attorney General of India enjoys several powers and privileges:
- Right to Attend Parliamentary Proceedings – Can participate in parliamentary debates and discussions but cannot vote.
- Right of Audience in Any Court – Has the right to appear in any court across the country.
- Power to Give Legal Opinions – Advises the government on complex legal issues, including international treaties and constitutional matters.
- Immunity from Professional Restrictions – Unlike other advocates, the Attorney General can take up private practice with the permission of the government.
Limitations and Restrictions
While the Attorney General of India enjoys extensive powers, there are some key limitations:
- Cannot Defend Accused Against the Government – Cannot represent individuals or private parties against the Government of India.
- Cannot Hold a Political Position – The Attorney General is expected to remain non-partisan and cannot engage in active politics.
- Cannot Appear in Cases of Conflict of Interest – Must avoid any cases where there is a potential conflict of interest with the government.
- Subject to Government Directives – The Attorney General must function within the legal and constitutional boundaries set by the government.
List of All Attorney General of India
Here is a list of all Attorney Generals of India since independence:
List of Attorney Generals of India (1950 – Present)
No. | Name | Tenure |
---|---|---|
1. | M. C. Setalvad | 28 Jan 1950 – 1 Mar 1963 |
2. | C. K. Daphtary | 2 Mar 1963 – 30 Oct 1968 |
3. | Niren De | 1 Nov 1968 – 31 Mar 1977 |
4. | S. V. Gupte | 1 Apr 1977 – 8 Aug 1979 |
5. | L. N. Sinha | 9 Aug 1979 – 8 Aug 1983 |
6. | K. Parasaran | 9 Aug 1983 – 8 Dec 1989 |
7. | Soli Sorabjee | 9 Dec 1989 – 2 Dec 1990 |
8. | J. R. Madhava Rao | 3 Dec 1990 – 23 Nov 1992 |
9. | Milon K. Banerji | 21 Nov 1992 – 8 Jul 1996 |
10. | Ashok Desai | 9 Jul 1996 – 6 Apr 1998 |
11. | Soli Sorabjee (2nd term) | 7 Apr 1998 – 4 Jun 2004 |
12. | Milon K. Banerji (2nd term) | 5 Jun 2004 – 7 Jun 2009 |
13. | G. E. Vahanvati | 8 Jun 2009 – 11 Jun 2014 |
14. | Mukul Rohatgi | 12 Jun 2014 – 30 Jun 2017 |
15. | K. K. Venugopal | 30 Jun 2017 – 30 Sep 2022 |
16. | R. Venkataramani | 1 Oct 2022 – Present |
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Comparison with Other Legal Officers
Attorney General vs Solicitor General
Feature | Attorney General of India | Solicitor General of India |
---|---|---|
Appointment | By the President | By the President with the Attorney General’s advice |
Role | Chief legal advisor and primary representative of the government | Assists the Attorney General and handles specific legal cases |
Tenure | No fixed tenure | No fixed tenure |
Right to Audience in Courts | Yes, in all courts | Yes, in all courts |
Significance of the Attorney General of India
The Attorney General of India plays a vital role in maintaining the legal integrity of the nation. The position ensures that government policies and actions adhere to the Constitution and provides necessary legal support in high-profile cases. Additionally, the Attorney General acts as the bridge between the judiciary and the executive, ensuring smooth legal governance.
Conclusion
The Attorney General of India is an indispensable part of India’s legal and constitutional framework. As the chief legal advisor, the Attorney General guides the government on legal matters, represents it in courts, and helps maintain the rule of law. The role demands high expertise, integrity, and an in-depth understanding of legal and constitutional issues. Given its significance, the Attorney General remains a key pillar in India’s democratic setup, ensuring that the government functions within legal boundaries and constitutional principles