In the intricate web of governance, the legal landscape serves as the backbone of democracy, ensuring justice, fairness, and adherence to constitutional principles. At the forefront of legal advocacy and advisory in India stands the Attorney General, a distinguished position tasked with safeguarding the rule of law and representing the interests of the nation in legal matters of paramount importance.
The Attorney General of India serves as the chief legal advisor and representative of the Central government in the Supreme Court. Defined under Article 76 of the Indian Constitution, the Attorney General’s powers, functions, and duties are outlined. R. Venkataramani currently holds the position, appointed for a term of three years. He succeeded K.K. Venugopal and is the sixteenth individual to serve as Attorney General since his appointment on October 1, 2022.
Constitutional Provision
Functions of Attorney General of India
As the principal legal advisor of the Government of India, the Attorney General has the following responsibilities:
- Providing legal advice to the Government of India on matters referred by the President.
- Undertaking other legal duties assigned by the President.
- Fulfilling functions bestowed upon him by the Constitution or any other legislation.
The President has delegated specific duties to the Attorney General, which include:
- Representing the Government of India in all cases before the Supreme Court involving governmental interests.
- Acting as the Government’s representative in any matters referred by the President to the Supreme Court under Article 143 of the Constitution.
- Appearing in any High Court cases involving the Government of India when requested to do so by the government.
Limitation on Power
The Attorney General of India is restricted from:
- Advising or representing against the Government of India.
- Providing counsel or representation in cases where he is required to advise or represent the Government of India.
- Defending accused individuals in criminal prosecutions without government permission.
- Serving as a director in any company or corporation without government approval.
- Offering advice to government ministries, departments, statutory organizations, or public sector undertakings without receiving proposals or references through the Ministry of Law and Justice, Department of Legal Affairs.
Challenges for office of Attorney General of India
- Consent for criminal contempt cases: The requirement of Attorney General’s consent for criminal proceedings under the Contempt of Courts Act, 1971, could potentially be exploited by the ruling party.
- Removal: The Constitution does not specify the removal procedure, granting the President the authority to dismiss the Attorney General at any time, thereby jeopardizing the office’s independence.
- Pleasure doctrine: The Attorney General serves at the President’s pleasure, leading to an indefinite term of office without a fixed duration.
- No bar on private practice: Unlike government servants, the Attorney General is not prohibited from private legal practice, raising concerns about potential conflicts of interest.
Solicitor General of India
Aside from the Attorney General, the Indian government has other legal officers such as the Solicitor General and Additional Solicitor General, who assist the Attorney General in fulfilling his duties. However, unlike the Attorney General’s office, which is established by the Constitution under Article 76, the Solicitor General and Additional Solicitor General positions are not mentioned in the Constitution. Instead, their roles and responsibilities are governed by the Law Officers (Conditions of Service) Rules, 1987, making them statutory rather than constitutional positions.
The Solicitor General advises the government on legal matters and is appointed for a three-year term by the Appointment Committee of the Cabinet chaired by the Prime Minister. While the Attorney General has the right to participate in parliamentary proceedings without voting privileges, the Solicitor General and Additional Solicitor Generals do not have this privilege.
Advocate General
The Indian Constitution establishes the office of Advocate General for each state, serving as the highest legal authority within the state, akin to the role of the Attorney General at the Union level.
Constitutional Provision: Article 165 of the Indian Constitution stipulates that the Governor of each state shall appoint an individual qualified to serve as a High Court Judge as the Advocate General for the state. The Advocate General holds office at the Governor’s pleasure and receives remuneration as determined by the Governor.
The Advocate General’s duties, rights, privileges, functions, and responsibilities closely resemble those of the Attorney General of India, albeit limited to the respective state.
Also read about Office of Controller and Auditor General of India.