Polity Notes

ATTORNEY GENERAL OF INDIA (AG)

Attorney General of India is a Constitutional Post under Article – 76. He is First Lawyer of India, Indian government’s Chief Legal Advisor and Primary Lawyer of Government of India in Supreme Court. Attorney General is necessary for giving advice to Government of India on legal issues. He also perform the legal duties assigned to him by the President. He appears in Supreme Court on behalf of Government of India. He has the RIGHT TO AUDIENCE in all Courts of India (i,e he can attend proceedings of any court in India and Judge/ Judges will take care of his opinion & views). Though he is not a member of parliament but can attend in proceeding of both of its houses but without VOTING RIGHT. He can also be made member of a Parliamentary Committee but without voting right. He has all the Powers & Privileges available to a Member of Parliament. He can’t appear against the Union Government. He is Not a Government Servant, because of this, he is NOT paid salary but a Retainer i,e Fee. Retainer to attorney General is paid from the Consolidated Fund of India. As he is not a government Servant, he can do private practice but can’t appear against the Government.

TENURE:

Tenure of Attorney General is 3 years but not fixed. He holds office during the Pleasure of President. President can remove him at any time without assigning any reason. In India this is a common practice, that after the change of union government, new government do change the attorney General. A new Attorney general of the choice of new government is appointed by President. When Modi Government came to power in May 2014, Ghulam Vanahavati was replaced by Mukul Rohtagi.

ELIGIBILITY:

A person to be eligible to be appointed as a Judge of Supreme Court can be appointed as Attorney General. Generally Senior Lawyer with vast experience is chosen by Union Government to be appointed as Attorney General.

Attorney General is assisted by Solicitor General & 16 Additional Generals.

1st Attorney General of India – Mr. M C Setalwar (He was also First Chairperson of Law Commission of India established after Independence

13th – Mr. Ghulam Vanahavati

14th – Mr. Mukul Rohtagi

15th (Present) – K.K. Venugopal w.e.f. – 1 July 2017