Introduction
The Attorney General of India is the highest law officer of the country. Appointed under Article 76 of the Indian Constitution, the Attorney General (AGI) acts as the chief legal advisor to the Government of India. Although not a member of the Union Cabinet, the Attorney General plays a crucial role in shaping legal opinions, representing the government in courts, and ensuring that governance functions within constitutional limits.
Understanding the powers, duties, and limitations of the Attorney General is essential for every polity student and exam aspirant, as it frequently features in UPSC Prelims, Mains, and interviews.
Historical Background
The office of the Attorney General in India is inspired by the British system, where the “Attorney General for England and Wales” is the chief legal advisor to the Crown. During colonial rule, the post of Advocate General was created to advise the Governor-General. After independence, the Constituent Assembly, led by Dr. B.R. Ambedkar and others, retained this post but adapted it for a republican democracy, thus creating the Attorney General of India.
Constitutional Provisions (Article 76)
According to the Constitution:
The Attorney General is appointed by the President of India.
The person must be qualified to be appointed as a judge of the Supreme Court. This means:
Must be a citizen of India.
Must have at least 5 years of experience as a judge of a High Court, or 10 years as an advocate in a High Court, or be an eminent jurist.
The Attorney General holds office during the pleasure of the President (no fixed tenure).
The remuneration is decided by the President.
Duties of the Attorney General
The primary responsibilities of the AGI include:
Legal Advisor – Advises the Government of India on legal matters.
Representation in Courts – Represents the Government of India in the Supreme Court and High Courts.
Public Importance Cases – Appears in cases involving constitutional issues or matters of public importance.
Other Legal Functions – Performs other legal duties assigned by the President.
Rights of the Attorney General
Right to Speak in Parliament – The AGI has the right to participate in parliamentary proceedings, debates, and discussions, but cannot vote.
Right of Audience in Courts – Has the right to appear in all courts across India.
Right to Advise – Can give advice on references made by the President under Article 143 (Advisory Jurisdiction of the Supreme Court).
Limitations of the Attorney General
While the AGI enjoys certain privileges, there are important restrictions:
Not a Government Employee – The Attorney General is not a full-time government servant.
Private Practice Allowed (with restrictions) – The AGI can take up private legal cases but cannot appear against the Government of India.
Cannot Defend Accused in Criminal Cases Against Government – Restricted from cases that may conflict with government interests.
Cannot Be Appointed as a Director in a Company without government permission.
Attorney General vs Solicitor General
Many confuse these two offices.
Attorney General – Constitutional post, highest law officer, appointed by the President.
Solicitor General & Additional Solicitors General – Statutory posts, assist the AGI, appointed under Government of India rules, not mentioned in the Constitution.
Notable Attorneys General of India
M.C. Setalvad (1950–1963) – India’s first Attorney General, known for his role in early constitutional cases.
Soli Sorabjee (1989–1990, 1998–2004) – Famous for his liberal interpretation of fundamental rights.
Mukul Rohatgi (2014–2017) – Represented government in high-profile constitutional cases.
R. Venkataramani (2022–present) – Current Attorney General of India.
Importance of the Attorney General
The Attorney General plays a vital role in:
Safeguarding rule of law and ensuring constitutional compliance.
Assisting the government in policy implementation through legal clarity.
Acting as a bridge between the judiciary and the executive.
Representing India in international legal disputes.
Criticism of the Office
Ambiguity in Role – No fixed tenure or detailed job description, leaving the scope of duties vague.
Potential Conflict of Interest – Since the AGI can take up private cases, chances of conflict arise.
Dependent on Government – Though a constitutional authority, the AGI often faces criticism for favoring the ruling government.
Lack of Independence – Compared to similar offices in other democracies, the Indian AGI is less autonomous.
Suggested Reforms
Fixed Tenure – Provide clarity on tenure to ensure stability.
Bar on Private Practice – To avoid conflicts of interest, full-time service could be mandated.
Codified Duties – Define responsibilities clearly in law to reduce misuse.
Parliamentary Oversight – Strengthen accountability by allowing greater scrutiny of AGI’s functioning.
Exam Relevance
Prelims: Questions on Article 76, appointment, duties, and rights of the AGI.
Mains: Essays or polity questions on the independence and accountability of the Attorney General.
Interview: Questions like “Should the Attorney General be given more autonomy?” or “How does the AGI differ from the Solicitor General?” can be asked.
Conclusion
The Attorney General of India is not merely a legal advisor but a key pillar in maintaining the balance between law, governance, and constitutional values. While the post is crucial in ensuring legality in government actions, reforms are needed to strengthen its independence and effectiveness.
In the larger context of Indian democracy, the Attorney General must act not just as the lawyer for the government, but also as the protector of constitutional morality and public interest.