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
- Legal Advice: Advises the Union Government on matters of law and constitutional interpretation.
- Court Representation: Appears on behalf of the Government in the Supreme Court and High Courts.
- Other Duties: Performs tasks assigned by the President, such as representing India in international legal disputes.
- 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.