Article 76- The Attorney General of India.

The Attorney General for India is the chief legal advisor of the Indian government. Let us talk about the powers and functions of the Attorney General of India


The Attorney General of India is the Chief Legal Counselor and advisor for the Government of Indian and is the senior-most lawyer of the Supreme Court. He is an ex-officio member of the Bar Council of India. He advises the government on all legal matters. In accordance with Article 76(1), the Attorney General of India is appointed by the President of India. 

Qualifications for the appointment of the Attorney General are;

i) He should be a Citizen of India

ii) Either he must hold an experience of 10 years at any competent court or the High Court. Else he must be a judge with experience not less than 5 years. 

Tenure of Attorney General of India

The Attorney General of India does not have a defined or a specific term. No specific tenure of the Attorney General is defined in the Constitution. Further, the process and reason for his removal are also not mentioned in the Constitution. President can remove him anytime. The Attorney General needs to submit his resignation in writing to the President of India. The Attorney General is usually appointed on the advice of the Council of Ministers and is ordinarily removed when the Council dissolves or relocates.

Powers and Functions of Attorney General of India.

  • He advises the President and Union Government on all legal matters. 

  • He holds his office in the pleasure of the President.

  • He performs all the duties performed as mentioned in the Constitution.

  • He has a right to an audience at all the legal proceedings at any court within the territory of India.

  • He takes part in the proceedings of both the houses of the parliament and also in the joint sessions of the parliament.

  • He has no right to vote when he takes part in the proceedings of the Parliament.

  • Like all the members of the Parliament, he enjoys all the power, privileges and immunities.

  • He performs the following duties on the behalf of the president;

i) The Attorney General must appear to the Supreme Court on the behalf of the President for every legal case in which the government of India is related. 

ii) If any reference is made to the Supreme Court by the President under Article 143 of the Constitution he must represent the Union Government. 

iii) If any case is related to the Government of India, the Attorney General will also appear for its hearing.

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List of Attorney General of India

Name

Tenure

Mr M. C. Setalvad

1950-1963

Mr C. K. Daphtary

1963-1968

Mr Niren De   

1968-1977

Mr S. V. Gupte

1977-1979

Mr L. N. Sinha

1979-1983

Mr K. Parasaran

1983-1989

Mr Soli Sorabjee

1989-1990

Mr G. Ramaswamy

1990-1992

Mr Milon K. Banerji

1992-1996

Mr Ashok Desai

1996-1998

Mr Soli Sorabjee

1998-2004

Mr Milon K. Banerji

2004-2009

Mr Goolam Essaji Vahanvati   

2009-2014

Mr Mukul Rohatgi

2014-2017

Mr K. K. Venugopal

2017 – Till present 

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