The
Attorney General for India is the Indian government's chief legal advisor, and
its primary lawyer in the Supreme Court of India. The Attorney General for
India is appointed by the President of India under Article 76(1) of the Constitution
of India and holds office during the pleasure of the President. He must be a
person qualified to be appointed as a Judge of the Supreme Court. The Attorney
General is responsible for giving advice to the Government of India upon such
legal matters and to perform such other duties of legal character as may be
referred or assigned to him by the President.
The
Attorney General has the right of audience in all Courts in India as well as
the right to participate in the proceedings of the Parliament, though not to
vote. The Attorney General appears on behalf of Government of India in all
cases (including suits, appeals and other proceedings) in the Supreme Court in
which Government of India is concerned. He/She also represents the Government
of India in any reference made by the President to the Supreme Court under
Article 143 of the Constitution. The Attorney General is assisted by a
Solicitor General and four Additional Solicitors General. The Attorney General
is to be consulted only in legal matters of real importance and only after the
Ministry of Law has been consulted. All references to the Attorney General are
made by the Ministry of Law. The Attorney General can accept briefs but cannot
appear against the Government. He/She cannot defend an accused in the criminal
proceedings and accept the directorship of a company without the permission of
the Government. Unlike the Attorney General of the United States, the Attorney
General of India does not have any executive authority, and is not a political
appointee; those functions are performed by the Law Minister of India. The
current Attorney General is G E Vahanvati, who was appointed by the
Congress-led government after the 2009 General Elections.
The
Attorney General of India, like an Advocate General of a State is not supposed
to be a political appointee, in spirit, but this is not the case in practice.
Every time a party comes to power in the general elections, in India, all the
law officers resign, and law officers loyal to the new party are appointed.
Attorney-General for India
(1) The President shall appoint a person who
is qualified to be appointed a Judge of the Supreme Court to be
Attorney-General for India.
(2) It shall be the duty of the
Attorney-General to give advice to the Government of India upon such legal
matters, and to perform such other duties of a legal character, as may from
time to time be referred or assigned to him by the President, and to discharge
the functions conferred on him by or under this Constitution or any other law
for the time being in force.
(3) In the performance of his duties the
Attorney-General shall have right of audience in all courts in the territory
of India.
(4) The Attorney-General shall hold office
during the pleasure of the President, and shall receive such remuneration as
the President may determine.
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Attorney General
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Term
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M. C. Setalvad
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28.01.1950 - 01.03.1963
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C.K.Daphtary
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02.03.1963 - 30.10.1968
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Niren De
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01.11.1968 - 31.03.1977
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S.V. Gupte
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01.04.1977 - 08.08.1979
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L.N. Sinha
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09.08.1979 - 08.08.1983
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K. Parasaran
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09.08.1983 - 08.12.1989
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Soli Sorabjee
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09.12.1989 - 02.12.1990
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G. Ramaswamy
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03.12.1990 - 23.11.1992
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Milon K. Banerji
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21.11.1992 - 08.07.1996
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Ashok Desai
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09.07.1996 - 06.04.1998
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Soli Sorabjee
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07.04.1998 - 04.06.2004
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Milon K. Banerji
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05.06.2004 - 07.06.2009
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Goolam Essaji Vahanvati
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08.06.2009 - incumbent
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Difference between Attorney General & Solicitor General :
- Solicitor General is subordinate to the Attorney General of India and works under him.
- The Solicitor General for India is the second law officer of the country, assists the Attorney General
- Unlike the post of Attorney General of India, which is a Constitutional post under Article 76 of the Constitution of India, the posts of the Solicitor General and the Additional Solicitors General are merely statutory.
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