Attorney General of India
The Attorney General for India is the Indian government's chief legal advisor, and is primary lawyer in the Supreme Court of India. They can be said to be the advocate from government's side. They are appointed by the President of India on advice of Union Cabinet under Article 76 of the Constitution and holds office during the pleasure of the President. They must be a person qualified to be appointed as a Judge of the Supreme Court
The 15th and current Attorney General is K. K. Venugopal. He was appointed by Pranab Mukherjee, the President of India at that time. He was formally appointed as with effect from 30 June 2017 and shall have a tenure of 3 years.
Powers, duties and functions
The Attorney General is necessary for giving advice to the Government of India in legal matters referred to them. They also perform other legal duties assigned to them by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote. The Attorney General appears on behalf of Government of India in all cases in the Supreme Court in which Government of India is concerned. They also represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.Unlike the Attorney General of the United States, the Attorney General for India does not have any executive authority. Those functions are performed by the Law Minister of India. Also the AG is not a government servant and is not debarred from private legal practice.
The Attorney General can accept briefs but cannot appear against the Government. They cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government.
The Attorney General is assisted by a Solicitor General and four additional Solicitors General. The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the Attorney General are made by the Law Ministry.
Fee and allowances payable
Fee and allowances payable to the law officers of the Government of India are as under:S.No. | Nomenclature of the item of work | Rates of fees payable for appearance and other work. |
Suits, writ petitions, appeals and references under article 143 | $16,000/- per case per day | |
Special leave petitions and other applications | $5,000/- per case per day | |
Settling pleadings | $5,000/- per pleading | |
Settling Statement of Case | $6,000/- per case | |
For giving opinions in statements of cases sent by the Ministry of Law | $10,000/- per case | |
For written submission before the Supreme Court, High Court, and Commissions of Inquiry or Tribunals and the like | $10,000/- per case | |
Appearance in Courts outside Delhi | $40,000/- per day per case |
In addition to the above fee payable for cases, a retainer fee is paid to the Attorney General for India, Solicitor General of India and the Additional Solicitors General at the rate of $50,000, $40,000 and $30,000 per month, respectively. Moreover, the Attorney General for India is also paid a sumptuary allowance of $4,000 per month, except during the period of his leave.
Politicisation of the Attorney General
It has become a tradition that the Attorney General resigns when a new government is formed. The Attorney General is selected by the Government and acts as its advocate, and hence is not a neutral person. Nevertheless, it is a constitutional authority, and his or her opinions are subject to public scrutiny. On several occasions however, the opinions pursued by the Attorney General appear to have been extremely politicised.During some of the AG tenures, it has been felt that the attorney general has gone too far. Niren De during Indira Gandhi replied to a question by Hans Raj Khanna stating that even the right to life can be suspended during emergency.
Similarly, in 2005, when the UPA government was planning a possible coalition with Mayawati, Milon K. Banerjee's opinion absolving Mayawati in the Taj corridor case was ignored by the Supreme Court. In a direct condemnation of the government which asked the CBI to heed attorney general Milon Banerjee's opinion and close the case against Mayawati, the Supreme Court told the agency not to go solely on the AG's opinion and place all evidence before it.
In 2009, Milon K. Banerjee's opinion absolving Ottavio Quattrocchi in the Bofors scandal has also been viewed as "devaluing and eroding the Attorney General's position".
During the UPA-II government, the conduct of Attorney General Goolam Vahanvati was criticised in a number of cases. In 2G spectrum case, he became the first Attorney General in India's history who had to testify as a witness in a corruption case in a trial court. In late April 2013, in coal-gate scandal, Vahanvati was accused of misrepresenting facts in the top-most court of India. Again in the same case, Vahanvati's role came under scrutiny after allegations of impropriety and coercion emerged from his junior law officer, Harin P. Raval, who resigned from the post of Additional Solicitor General as a result.
List of Attorneys General for India
The Attorneys General for India since independence are listed below:'''Attorney General | Term | Incumbent Prime Minister |
M. C. Setalvad | 28 January 1950 – 1 March 1963 | Jawaharlal Nehru |
C. K. Daphtary | 2 March 1963 – 30 October 1968 | Jawaharlal Nehru; Lal Bahadur Shastri |
Niren De | 1 November 1968 – 31 March 1977 | Indira Gandhi |
S. V. Gupte | 1 April 1977 – 8 August 1979 | Morarji Desai |
L. N. Sinha | 9 August 1979 – 8 August 1983 | Indira Gandhi |
K. Parasaran | 9 August 1983 – 8 December 1989 | Indira Gandhi; Rajiv Gandhi |
Soli Sorabjee | 9 December 1989 – 2 December 1990 | V. P. Singh; Chandra Shekhar |
G. Ramaswamy | 3 December 1990 – 23 November 1992 | Chandra Shekhar; P. V. Narasimha Rao |
Milon K. Banerji | 21 November 1992 – 8 July 1996 | P. V. Narasimha Rao |
Ashok Desai | 9 July 1996 – 6 April 1998 | H. D. Devegowda; Inder Kumar Gujral |
Soli Sorabjee | 7 April 1998 – 4 June 2004 | Atal Bihari Vajpayee |
Milon K. Banerji | 5 June 2004 – 7 June 2009 | Manmohan Singh |
Goolam Essaji Vahanvati | 8 June 2009 – 11 June 2014 | Manmohan Singh |
Mukul Rohatgi | 19 June 2014 – 18 June 2017 | Narendra Modi |
K. K. Venugopal | 1 July 2017 – present | Narendra Modi |