The Attorney General serves as Chief Legal Advisor of India’s Government. They offer advice to President and the Government on various legal matters as well as representing it before courts and authorities on various occasions.
The President appoints the Attorney General. To be selected as AG, an individual must have served at least five years as either a judge or advocate, and be seen by him/her as an outstanding jurist by him/herself and their peers.
The President of India appoints the Attorney General
The President appoints the Attorney General of India following consultation with Cabinet. This individual must be an eminent jurist with experience practicing before high courts, having served at least five years as either a judge or advocate before being chosen as Attorney General of India.
The Attorney-General advises the government on legal matters referred to him, appears in Supreme Court cases involving India, and fulfills other responsibilities assigned by President.
President Ram Nath Kovind appointed K. K Venugopal, as Attorney General, who took office on 30th June 2017. As AG he enjoyed all privileges and immunities available to members of Parliament but lacked voting rights. He succeeded senior advocate Mukul Rohatgi who held this office since April 2014. The President can remove or appoint Attorneys General whenever he chooses, though resignation rights exist as well. Currently serving is K K Venugopal who was appointed by President Kovind in 2020 after succeeding senior advocate Mukul Rohatgi (24th AG since 2004). he succeeded senior advocate Mukul Rohatgi who held his office since 30 June 2017 with full privileges and immunity available only members of parliament (although not voting rights).
The duties of the Attorney General
The duties of an Attorney General consist of providing legal advice and representing it before the Supreme Court. They assist with law drafting and ensure all government actions comply with legal regulations. Furthermore, they have access to appear before all Indian courts and participate in Parliament proceedings without voting rights; however certain restrictions exist due to constitutional considerations; for instance they cannot defend individuals accused in criminal cases nor accept positions as directors of companies or corporations.
M C Setalvad was the first Attorney General of India and stressed the need for him to be independent and non-political, yet subsequent AGs have taken different approaches in meeting their duties – Mukul Rohatgi was particularly noteworthy due to his direct yet persuasive courtroom presence.
The remuneration of the Attorney General
The Attorney General is India’s highest law officer. His responsibilities are defined in both the Constitution of India and by Presidential directive, including having audience rights before all courts within India territory and taking part in parliament proceedings and joint sittings without voting rights.
Presidents can refer any legal issue that affects India to the Attorney General for advice. He can also appear in Supreme Court cases which involve India.
The Attorney General (AG) is supported in court proceedings by Solicitor Generals and additional solicitor generals, all known as solicitor generals. As part of their duties they fight cases before both the Supreme Court and High Court; though not full-time government counsel they don’t belong to Government Servants but can practice privately as well – some notable jurists including M C Setalvad and Soli Sorabjee have held this post over time.
The term of the Attorney General
The Constitution of India does not provide for any fixed term for the Attorney General. He/she serves at the pleasure of the President and can be removed any time. The remuneration of the Attorney General is also determined by the President.
The duties of the Attorney General include providing legal advice to the President and government on matters referred to them. They also perform other legal duties outlined in the Constitution and other laws in force. They also represent the government in Supreme Court cases involving the government.
The Attorney General has the right to audience in all courts in India and can participate in proceedings of either House of Parliament or its joint sittings but without voting rights. He/she can also take part in committee meetings of Parliament where he/she is named a member, but again without voting rights. He/she also enjoys privileges and immunities as a member of parliament. The current Attorney General of India is K. K. Venugopal who was reappointed by President Ram Nath Kovind in 2020, having first been appointed to the post on June 30, 2017.
