September 29, 2025

Context: Senior advocate R. Venkataramani has been reappointed as the Attorney General (AG) of India for a two-year term by the Ministry of Law and Justice.

About the Attorney General of India

• Constitutional Basis: Established under Article 76 of the Constitution, the Attorney General is the highest law officer of India.
• Appointment: Appointed by the President of India on the advice of the Union Government.
• Eligibility: Must be qualified to be a judge of the Supreme Court (at least 5 years as a High Court judge or 10 years as a High Court advocate, or an eminent jurist).
• Tenure: No fixed term; holds office during the pleasure of the President. Can be removed by the President at any time.
• Parliamentary Rights: Under Article 88, has the right to participate in proceedings of both Houses of Parliament, but cannot vote.

Functions of the AG

1. Legal Advice: Advises the Union Government on matters of law and constitutional interpretation.
2. Court Representation: Appears on behalf of the Government in the Supreme Court and High Courts.
3. Other Duties: Performs tasks assigned by the President, such as representing India in international legal disputes.
4. Guardian of Public Interest: Ensures government actions are legally sound, balancing executive power with constitutional limits.

Significance

• The AG ensures that laws and policies of the Government are consistent with the Constitution.
• Plays a vital role in high-profile cases such as Centre–State disputes, constitutional amendments, and national security-related litigation.
• As the chief legal advisor, the AG’s opinion shapes critical government decisions.

Limitations

• The AG is not a government servant; he is an advocate.
• Cannot appear against the Government of India.
• Cannot defend an accused in criminal proceedings without government approval.

Quick Fact: The first Attorney General of India was M.C. Setalvad (1950–1963), who served for 13 years, the longest tenure in Indian history.

Context: The Ministry of Home Affairs (MHA) has extended the Armed Forces (Special Powers) Act (AFSPA), 1958 in parts of Manipur, Nagaland, and Arunachal Pradesh for another six months, citing security concerns in these border and insurgency-affected states.

AFSPA Coverage

• Manipur: Entire state remains under AFSPA, except for 13 police stations in five valley districts. The extension comes amid ethnic violence that has persisted since May 2023.
• Nagaland: AFSPA continues in 9 districts and 21 police stations across five additional districts, due to ongoing Naga insurgency.
• Arunachal Pradesh: Three full districts and areas under selected police stations in Namsai (bordering Assam) are notified under AFSPA because of cross-border militant activities.

About AFSPA, 1958

• Declaration Power (Sec 3): The Centre, Governor, or UT Administrator can declare any area "disturbed" through a Gazette notification. The declaration must be reviewed every six months.
• Special Powers (Sec 4): Armed forces can:
  • Use force, including lethal force, against unlawful assemblies.
  • Arrest without a warrant.
  • Search premises to maintain order.
• Assembly Ban: Gathering of five or more persons can be prohibited in disturbed areas.
• Immunity (Sec 6): Personnel cannot be prosecuted without prior sanction from the Central Government.
• Review: Regular re-evaluation ensures that AFSPA is temporary and based on security conditions.

Constitutional & Governance Dimensions

• Centre-State Balance: AFSPA underscores the tension between national security imperatives and state autonomy.
• Human Rights Concerns: Critics highlight misuse, civilian casualties, and prolonged enforcement in the Northeast.
• Judicial Scrutiny: The Supreme Court in Extra Judicial Execution Victim Families Association (2016) stressed accountability and limited use of force.

Significance for India

• Internal Security (GS3): AFSPA remains a key tool in tackling insurgency, though its prolonged use raises questions on governance and human rights.
• Policy Challenge: Balancing security needs with democratic accountability and trust-building in conflict zones remains central to India’s counterinsurgency framework.