View source for Attorney General of India

{{Short description|Indian government's chief legal officer}}
{{Use dmy dates|date=September 2014}}
{{Use Indian English|date=June 2016}}
{{Infobox official post
| post = Attorney General for India
| flagcaption = 
| insignia = Emblem of India.svg
| insigniasize = 150px
| insigniacaption = 
| image = R. Venkataramani1.png
| caption = R. Venkataramani in 2025
| image_size = 
| alt = 
| incumbent = [[R. Venkataramani]]
| type = [[Judiciary of India]]
| status = 
| department = 
| style = 
| member_of = 
| reports_to = 
| residence = [[New Delhi]], India
| seat = 
| nominator = 
| appointer = [[President of India]]
| appointer_qualified = on advice of the [[Union Council of Ministers|Union Cabinet]]
| termlength = per discretion of the President
| termlength_qualified = 
| constituting_instrument = Article 76 of the [[Constitution of India|Constitution]]
| precursor = 
| formation = 28 January 1950
| first = [[M. C. Setalvad]]
| last = 
| abolished = 
| succession = 
| abbreviation = AGI
| unofficial_names = 
| deputy = [[Solicitor General of India]]
| salary = *{{INRConvert|225000}} {{small|(per month)}}
*{{INRConvert|2700000}} {{small|(Annual)}}
| website = 
| body = 
}}{{Courts of India}}

The '''Attorney General for India''' is the chief legal advisor of the [[Government of India]]. The Attorney General is appointed by the [[President of India]] at the instance of the [[Union Council of Ministers|Union Cabinet]] under Article 76(1) of the [[Constitution of India|Constitution]] and hold office during the pleasure of the President. The Attorney General must meet the qualifications necessary for an appointment as a Judge of the Supreme Court. Therefore, the Attorney General should have served as a judge in a high court for a minimum of five years, or as an advocate in a high court for at least ten years. Alternatively, the President may consider an individual as eligible for the role if they are deemed an eminent jurist.

[[R. Venkataramani]] is the incumbent Attorney General for India. He succeeded to the office as the 16th Attorney General on 1 October 2022. His predecessor was [[K. K. Venugopal]].<ref>{{cite news |title=Senior advocate R Venkataramani is new Attorney General of India |url=https://indianexpress.com/article/india/senior-advocate-r-venkataramani-is-new-attorney-general-of-india-8179072/ |access-date=28 September 2022 |work=The Indian Express |date=29 September 2022}}</ref>

== Powers, duties and functions ==

The attorney general is necessary for advising the [[Government of India]] on legal matters referred to them. The attorney general also perform other legal duties assigned to by the President. Article 76 and 88 of the Constitution confer on the Attorney general the right of audience in all Courts in India as well as the right to participate in the proceedings of the [[Parliament of India|Parliament]], though not the right to vote.<ref name="Supreme Court of India _ CONSTITUTION">{{cite web|title=Supreme Court of India – CONSTITUTION|url=http://supremecourtofindia.nic.in/constitution.htm|publisher=Supreme Court of India|access-date=28 August 2012|url-status=dead|archive-url=https://web.archive.org/web/20160830234213/http://supremecourtofindia.nic.in/constitution.htm|archive-date=30 August 2016|df=dmy-all}}</ref> The attorney general appears on behalf of [[Government of India]] in all cases (including suits, appeals and other proceedings) in the [[Supreme Court of India|Supreme Court]] in which Government of India is concerned. The attorney general also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the [[Constitution of India|Constitution]].

Unlike the [[United States Attorney General|Attorney General of the United States]], the Attorney General of India has no executive authority. Those functions are performed by the [[Ministry of Law and Justice (India)|Law Minister of India]]. Also the AG is  not a government servant and is not debarred from private legal practice.

The Attorney General is permitted to receive briefs; however, they are precluded from advocating against the government. Moreover, the Attorney General is restricted from representing an accused party in criminal proceedings and assuming a directorial role in a company without the explicit consent of the government.

The attorney general is assisted by the [[Solicitor General of India|Solicitor General]] and [[Additional Solicitor General of India|Additional Solicitors General]].<ref name="Supreme Court of India _ CONSTITUTION" /> The attorney general is to be consulted only in legal matters of real importance and only after the [[Ministry of Law and Justice (India)|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 of India, [[Solicitor General of India]] and the Additional Solicitors General) of the [[Government of India]] are as under:<ref>{{cite web|title=Fee and allowances payable to law officers|url=http://lawmin.nic.in/judicial/servicerules1.pdf|access-date=11 June 2014|archive-url=https://web.archive.org/web/20150321205526/http://lawmin.nic.in/judicial/servicerules1.pdf|archive-date=21 March 2015|url-status=dead}}</ref>

{| class="wikitable"
|-
! S.No. !! Nomenclature of the item of work !! Rates of fees payable for 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 || ₹5,000/- 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
|-
| (6) || For written submission before the Supreme Court, High Court, and Commissions of Inquiry or Tribunals and the like || ₹10,000/- per case
|-
| (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 of 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 of India is also paid a sumptuary allowance of Rs. 4,000 per month, except during the period of his leave.

== Politicisation of the Attorney General ==
{{POV section|date=March 2021}}

{{Further|Indian Emergency (1975–77)|Bofors scandal|Taj corridor case|2G spectrum case|Indian coal mining controversy}}
It has evolved into a customary practice for the Attorney General to submit their resignation upon the inception of a new government. As the appointee of the government, the Attorney General serves as its advocate, implying a lack of complete neutrality. Nevertheless, holding a constitutional mandate, the Attorney General's viewpoints are subject to public scrutiny. Nonetheless, instances have arisen where the Attorney General's positions appear to have been notably influenced by political considerations.<ref name="hindu. com">{{cite news| url=http://www.hindu.com/2009/04/30/stories/2009043060551000.htm | archive-url=https://web.archive.org/web/20090504062106/http://www.hindu.com/2009/04/30/stories/2009043060551000.htm | url-status=dead | archive-date=4 May 2009 | location=Chennai, India | work=[[The Hindu]] | title=Milon Banerjee has devalued his position: BJP | date=30 April 2009}}</ref>

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 emergency.{{citation needed|date=March 2021}}

Similarly, in 2005, when the [[United Progressive Alliance|UPA]] government was planning a possible coalition with Mayawati, [[Milon K. Banerji|Milon K. Banerjee]]'s opinion absolving [[Mayawati]] in the [[Taj corridor case]] was ignored by the Supreme Court.<ref>{{Cite web|url=http://www.rediff.com/news/2005/aug/26flip.htm|title = The govt's found a new foe in the Supreme Court}}</ref> 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 agency not to go solely on the AG's opinion and place all evidence before it.<ref>{{Cite web|url=http://www.asiantribune.com/oldsite/show_news.php?id=13395|title=Asian Tribune}} {{dead link|date=October 2023}}</ref>

In 2009, [[Milon K. Banerji|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".<ref name="hindu. com"/>

During the [[United Progressive Alliance|UPA-II]] government (2009–2014), the conduct of Attorney General [[Goolam Essaji Vahanvati|Goolam 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 [[Testimony|testify]] as a [[witness]] in a corruption case in a trial court.<ref name=cover>{{cite news|last=Kaushik|first=Krishn|title=Inside Man – The convenient opinions of Attorney General Goolam Vahanvati|url=http://caravanmagazine.in/reportage/inside-man|access-date=5 August 2013|newspaper=The Caravan|date=1 May 2013}}</ref><ref name="AG deposes in 2G case, Raja calls him liar">{{cite news|title=AG deposes in 2G case, Raja calls him liar |url=http://www.hindustantimes.com/India-news/NewDelhi/AG-deposes-in-2G-case-Raja-calls-him-liar/Article1-1018670.aspx |access-date=23 September 2013 |date=28 February 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130930031208/http://www.hindustantimes.com/India-news/NewDelhi/AG-deposes-in-2G-case-Raja-calls-him-liar/Article1-1018670.aspx |archive-date=30 September 2013}}</ref> In late April 2013, in [[Indian coal allocation scam|coal-gate]] scandal, Vahanvati was accused of misrepresenting facts in the [[Supreme Court of India|top-most court of India]].<ref>{{cite web | title=Coal-Gate: Attorney General misrepresented facts to Supreme Court, says letter bomb | website=NDTV.com | date=22 February 2019 | url=https://www.ndtv.com/india-news/coal-gate-attorney-general-misrepresented-facts-to-supreme-court-says-letter-bomb-520687 | access-date=13 October 2023}}</ref> Again in the same case, Vahanvati's role came under scrutiny after allegations of impropriety and coercion emerged from his junior law officer, [[Harin P. Raval]], who resigned from the post of Additional Solicitor General as a result.<ref>{{cite news|last=Bhatt|first=Abhinav|title=Harin Raval resigns as Additional Solicitor General after Coal-Gate letter bomb|url=http://www.ndtv.com/article/india/harin-raval-resigns-as-additional-solicitor-general-after-coal-gate-letter-bomb-360860|access-date=14 May 2013|newspaper=NDTV|date=30 April 2013}}</ref>

== List of Attorneys General of India ==
The attorneys general of India since independence are listed below:<ref>{{Cite web|url=http://www.vakilno1.com/luminaries/AttorneyGen.html|archiveurl=https://web.archive.org/web/20120625191613/http://www.vakilno1.com/luminaries/AttorneyGen.html|url-status=dead|title=vakilno1.com|archivedate=25 June 2012|website=www.vakilno1.com}}</ref>

{| class="wikitable"
! colspan="6" |List of Attorneys General of India
|-
! #
! Attorney General
!Term Start
!Term End
! Term Length
! Prime Minister
|-
| 1 || [[M. C. Setalvad|Motilal Chimanlal Setalvad]]
|28 January 1950
|1 March 1963|| {{Age in years and days|28 January 1950|1 March 1963}} || rowspan="2" | [[Jawaharlal Nehru]]
|-
| rowspan="2" | 2 || rowspan="2" | [[C. K. Daphtary|Chander Kishan Daphtary]]
| rowspan="2" |2 March 1963
| rowspan="2" |30 October 1968|| rowspan="2" | {{Age in years and days|2 March 1963|30 October 1968}} 
|-
|[[Lal Bahadur Shastri]]
|-
| 3 || [[Niren De]]
|1 November 1968
|31 March 1977|| {{Age in years and days|1 November 1968|31 March 1977}} || [[Indira Gandhi]]
|-
| 4 || S. V. Gupte
|1 April 1977
|8 August 1979|| {{Age in years and days|1 April 1977|8 August 1979}} || [[Morarji Desai]]
|-
| rowspan="2" | 5 || rowspan="2" | [[L. N. Sinha|Lal Narayan Sinha]]
| rowspan="2" |9 August 1979
| rowspan="2" |8 August 1983|| rowspan="2" | {{Age in years and days|9 August 1979|8 August 1983}} || [[Charan Singh]]
|-
| rowspan="2" |[[Indira Gandhi]]
|-
| rowspan="2" | 6 || rowspan="2" | [[K. Parasaran|Keshava Parasaran]]
| rowspan="2" |9 August 1983
| rowspan="2" |8 December 1989|| rowspan="2" | {{Age in years and days|9 August 1983|8 December 1989}} 
|-
|[[Rajiv Gandhi]]
|-
| rowspan="2" | 7 || rowspan="2" | [[Soli Sorabjee|Soli Jehangir Sorabjee]]
| rowspan="2" |9 December 1989
| rowspan="2" |2 December 1990|| rowspan="2" | {{Age in years and days|9 December 1989|2 December 1990}} || [[V. P. Singh]]
|-
| rowspan="2" |[[Chandra Shekhar]]
|-
| rowspan="2" | 8 || rowspan="2" | G. Ramaswamy 
| rowspan="2" |3 December 1990
| rowspan="2" |23 November 1992|| rowspan="2" | {{Age in years and days|3 December 1990|23 November 1992}} 
|-
| rowspan="2" |[[P. V. Narasimha Rao]]
|-
| 9 || [[Milon K. Banerji|Milon Kumar Banerji]]
|24 November 1992 
|8 July 1996|| {{Age in years and days|24 November 1992|8 July 1996}} 
|-
| rowspan="2" | 10 || rowspan="2" | [[Ashok Desai]]
| rowspan="2" |9 July 1996
| rowspan="2" |6 April 1998|| rowspan="2" | {{Age in years and days|8 July 1996|6 April 1998}} || [[H. D. Deve Gowda]]
|-
|[[I. K. Gujral|Inder Kumar Gujral]]
|-
| (7) || Soli Jehangir Sorabjee 
|7 April 1998
|4 June 2004|| {{Age in years and days|7 April 1998|4 June 2004}} || [[Atal Bihari Vajpayee]]
|-
| (9) ||  [[Milon K. Banerji|Milon Kumar Banerji]] 
|5 June 2004
|7 June 2009|| {{Age in years and days|4 June 2004|7 June 2009}} || rowspan="2" | [[Manmohan Singh]]
|-
| 11 || [[Goolam Essaji Vahanvati]] 
|8 June 2009
|11 June 2014|| {{Age in years and days|8 June 2009|11 June 2014}} 
|-
| 12 || [[Mukul Rohatgi]] 
|19 June 2014
|18 June 2017<ref>{{Cite web |title=Archived copy |url=http://lawmin.nic.in/la/lawofficers.htm |url-status=dead |archive-url=https://web.archive.org/web/20140609164022/http://lawmin.nic.in/la/lawofficers.htm |archive-date=9 June 2014 |access-date=12 June 2014 |df=dmy-all}}</ref>|| {{Age in years and days|19 June 2014|18 June 2017}} || rowspan="3" | [[Narendra Modi]]
|-
| 13 || [[K. K. Venugopal|Kotayan Katankot Venugopal]] 
|1 July 2017
|30 September 2022|| {{Age in years and days|1 July 2017|30 September 2022}} 
|-
| 14 || [[R. Venkataramani]]<ref name="Senior advocate R. Venkataramani is the new Attorney General of India">{{cite news |last1=The Hindu |first1= |title=Senior advocate R. Venkataramani is the new Attorney General of India |url=https://www.thehindu.com/news/national/senior-advocate-r-venkataramani-is-the-new-attorney-general/article65947809.ece |access-date=1 October 2022 |date=28 September 2022 |archive-url=https://web.archive.org/web/20221001075321/https://www.thehindu.com/news/national/senior-advocate-r-venkataramani-is-the-new-attorney-general/article65947809.ece |archive-date=1 October 2022 |language=en-IN}}</ref>
|1 October 2022
| Incumbent||  
|}

== See also ==

* [[Advocate general (India)]], state-level equivalent
* [[Solicitor General of India]]
* [[Additional Solicitor General of India]]

== References ==
{{Reflist}}
{{Judiciary of India}}
{{DEFAULTSORT:Attorney General of India}}
[[Category:Attorneys general of India| ]]
[[Category:Supreme Court of India]]