Attorney General of India

The Attorney General for India is the Indian government's chief legal advisor, and
Attorney General for India
is primary lawyer in the Supreme Court of India. He can be said to be the lawyer
from government's side. He is appointed by the President of India under Article
76(1) of the Constitution and holds office during the pleasure of the President. He
must be a person qualified to be appointed as a Judge of the Supreme Court (He
must have been a judge of some high court for five years or an advocate of some
high court for ten years or an eminent jurist, in the opinion of the President and must
be a citizen of India.)

The 15th and current Attorney General is K. K. Venugopal. He was appointed by

Incumbent
Pranab Mukherjee, the President of India at that time. He was formally appointed as K. K. Venugopal
with effect from 30 June 2017[1] and shall have a tenure of 3 years.[2][3]
Abbreviation AG
Residence New Delhi, India

Contents Seat N-234-A, Greater

Kailash-I, New
Powers, duties and functions
Delhi[1]
Fee and allowances payable
Appointer President of India
Politicization of the Attorney General
Term length Upto the pleasure of
List of Attorneys General for India
The President
References
Constituting Article 76 of the
instrument Constitution
Powers, duties and functions Formation 28 January 1950

The Attorney General is necessary for giving advice to the Government of India in
First holder M. C. Setalvad
legal matters referred to him. He also performs other legal duties assigned to him by Deputy Solicitor General of
the President. The Attorney General has the right of audience in all Courts in India India
as well as the right to participate in the proceedings of the Parliament, though not to Additional Solicitors
vote.[4] The Attorney General appears on behalf of Government of India in all cases General of India
(including suits, appeals and other proceedings) in the Supreme Court in which
Government of India is concerned. He also represents the Government of India in any reference made by the President to the
Supreme Court under Article 143 of theConstitution.

Unlike the Attorney General of the United States, the Attorney General for India does not have any executive authority. Those
functions are performed by theLaw 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. He 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.[4] 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 (including Attorney General for India, Solicitor General of India and the Additional
Solicitors General) of theGovernment of India are as under:[5]

Rates of fees payable for

S.No. Nomenclature of the item of work
appearance and other work
(1) Suits, writ petitions, appeals and references under article 143 ₹16,000/- per case per day
(2) Special leave petitions and other applications per case per day
(3) Settling pleadings (including affidavits) ₹5,000/- per pleading
(4) Settling Statement of Case ₹6,000/- per case
(5) 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
(6) ₹10,000/- per case
Commissions of Inquiry or Tribunals and the like
(7) 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.

Politicization 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.[6]

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 emer
gency.

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.[7] 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
[8]
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".[6]

During the UPA-II government (2009–2014), the conduct of Attorney GeneralGoolam 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.[9][10] In late April 2013, in Coal-gate scandal, Vahanvati was accused of misrepresenting facts in the top most court of
India.[11] Again in the same case, Vahanvati's role came under scrutiny after allegations of impropriety and coercion emerged from
[12]
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

[13]
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[14] Narendra Modi

K. K. Venugopal 1 July 2017 – present Narendra Modi

References
1. "LIST OF LAW OFFICERS" (https://web.archive.org/web/20161227181547/http://www .lawmin.nic.in/la/lawofficers.ht
m). Ministry of Law and Justice. Archived from the original (http://lawmin.nic.in/la/lawofficers.htm) on 27 December
2016. Retrieved 2 January 2017.
2. "List of Law Officers of Government of India"(https://web.archive.org/web/20140609164022/http://lawmin.nic.in/la/la
wofficers.htm). Archived from the original (http://lawmin.nic.in/la/lawofficers.htm) on 9 June 2014. Retrieved 12 June
2014.
3. "Senior advocate Mukul Rohatgi is new Attorney General"(http://zeenews.india.com/news/nation/senior-advocate-M
ukul-Rohatgi-is-new-attorney-general_939078.html)
. Zee News. Retrieved 2 June 2017.
4. "Supreme Court of India – CONSTITUTION"(https://web.archive.org/web/20160830234213/http://supremecourtofind
ia.nic.in/constitution.htm). Supreme Court of India. Archived fromthe original (http://supremecourtofindia.nic.in/consti
tution.htm) on 30 August 2016. Retrieved 28 August 2012.
5. "Fee and allowances payable to law officers" (http://lawmin.nic.in/judicial/servicerules1.pdf)(PDF). Retrieved
11 June 2014.
6. "Milon Banerjee has devalued his position: BJP"(http://www.hindu.com/2009/04/30/stories/2009043060551000.htm).
The Hindu. Chennai, India. 30 April 2009.
7. http://www.rediff.com/news/2005/aug/26flip.htm
8. http://www.asiantribune.com/oldsite/show_news.php?id=13395
9. Kaushik, Krishn (1 May 2013)."Inside Man – The convenient opinions of Attorney General Goolam ahanvati"
V (htt
p://caravanmagazine.in/reportage/inside-man)
. The Caravan. Retrieved 5 August 2013.
10. "AG deposes in 2G case, Raja calls him liar"(https://web.archive.org/web/20130930031208/http://www.hindustantim
es.com/India-news/NewDelhi/AG-deposes-in-2G-case-Raja-calls-him-liar/Article1-1018670.aspx) . 28 February 2013.
Archived from the original (http://www.hindustantimes.com/India-news/NewDelhi/AG-deposes-in-2G-case-Raja-calls-
him-liar/Article1-1018670.aspx)on 30 September 2013. Retrieved 23 September 2013.
11. [1] (http://www.ndtv.com/article/india/coal-gate-attorney-general-misrepresented-facts-to-sup
reme-court-says-letter-b
omb-360750), coal-gate-attorney-general-misrepresented-facts-to-supreme-court-says-letter-bomb NDTV news
report.
12. Bhatt, Abhinav (30 April 2013)."Harin Raval resigns as Additional Solicitor General after Coal-Gate letter bomb"(htt
p://www.ndtv.com/article/india/harin-raval-resigns-as-additional-solicitor-general-after-coal
-gate-letter-bomb-360860).
NDTV. Retrieved 14 May 2013.
13. Attorney General for Independent India(http://www.vakilno1.com/luminaries/AttorneyGen.html) Archived (https://we
b.archive.org/web/20120625191613/http://www .vakilno1.com/luminaries/AttorneyGen.html)25 June 2012 at the
Wayback Machine
14. "Archived copy" (https://web.archive.org/web/20140609164022/http://lawmin.nic.in/la/lawof ficers.htm). Archived from
the original (http://lawmin.nic.in/la/lawofficers.htm) on 9 June 2014. Retrieved 12 June 2014.

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